Notice for vacation of office premises

P.C. Joshi (Querist) 20 January 2010 This query is : Resolved
Dear Friends,

Your opinion is required on the following interesting issue.

A ltd has a rented office in Mumbai. Area is abt 1015 sq ft and monthly rent is Rs 1725(one seven two five).

Way back in 1972 the premises was taken under leave and licence agreemnt for 5 years between A Ltd and one Mr X who is named as licensor in the leave and icence agreement and rent was fixed Rs 1725/- pm and from that date the rent is Rs 1725/- till date.

In the afresaid L&L agreement, it is also mentioned that the owner of the premises and Y&Z who have under an agreemnt authorised X to use/let etc. the premises.Meaning thereby that a ltd in a sub tanent.

on 20th Dec09 X sent a vacation notice of 30 days to A ltd. and after expiry of the said period of 30 days,demanded arket rent @Rs 100/- sq ft till vacation.

Interestingly, the L&L agreement mention that the term is 5 years and there is no renewal clause. But the preises is possessed by A Ltd. There is no arrear of rent and no such notice is issued before.

What legal remedy is available with A Ltd, which is not protected by Mumbai Rent Control act and what defecnces it should take replying notice.

Other issues:

1. Can X is legally authorised to issue notice of vacation when it is not a owner.
2. is sub tanency is a defence in itself. sub tanency subsists Because, X being a tanent himself can not compel A ltd

3. Non existence of the leagl owners or their legal hiers makes any difference.
4. can a ltd tkae plea of perpetual lease.

Regards

P.c. Joshi

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R.R. KRISHNAA (Expert) 20 January 2010
X is legally authorised to issue notice.

A ltd has no defence and has to quit.

adv. rajeev ( rajoo ) (Expert) 21 January 2010
When X has got authority to sub letm then he can issue a notice to the A. There is an agreement between X & A. No other way to A he has to quit. To postpone it he may file a suit for bare injunction as not to evict from the suit property without following the due procees of law.

Guest (Expert) 21 January 2010
For more information and help visit www.airyourlegalqueries.com

Raj Kumar Makkad (Expert) 21 January 2010
Follow the guidance of rajeev.

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