Non menrioninf of lease period
adv. rajeev ( rajoo )
(Querist) 13 September 2012
This query is : Resolved
Dear Learned Members,
I have question here.
That land lord has given his premised on lease, lease deed is regd., but period of lease is not mentioned. Now the tenant is not ready vacate the premises, he is saying that to the land lord you are not the owner of the premises because he is in the premises in since long years.
Whether tenant is liable to be vacated? If any ruling please upload it.
Thanks
ajay sethi
(Expert) 13 September 2012
106. Duration of certain leases in absence of written contract or local usage
In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice expiring with the end of a year of the tenancy; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice expiring with the end of a month of the tenancy.
Every notice under this section must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property."
R.K Nanda 
(Expert) 13 September 2012
yes,tenant can be evicted by filing eviction suit.
prabhakar singh
(Expert) 13 September 2012
Once a tenant always a tenant.
He can not claim adverse title as he is inducted as tenant by a registered deed.
In absence of time given in lease deed he is tenant month to month and his tenancy is determinable by a simple notice for any default of lease terms subject to legislation of tenancy ACT of STATE.
If he pleads owner he puts himself for ouster without any doubt.
