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Rent dispute

(Querist) 30 March 2009 This query is : Resolved 
Sir, I am lessee and taken a property on lease April 2007 for sum of Rs 40000. Lease document state lease period from April 2007 to Feb/March 2009. But my property owner is not willing to discharge his obligation of paying required sum now. Please advice what action i should take. Please Guide me.......

Reagrds
Amit Kumar Kasyap
Mob. +91 988694291
sanjeev murthy desai (Expert) 30 March 2009
Dear Amit,

As per your lease deed your lease deed not yet terminate with in March 2009, if you want to terminate or discharge said lease send send him a notice for returning the amount of security deposit otherwise file a suit.

sanjeev desai
+91 9886037926
A. A. JOSE (Expert) 30 March 2009
I agree with Mr.Sanjay desai.
M. PIRAVI PERUMAL (Expert) 30 March 2009
I agree with Mr. Sanjeev.
adv. rajeev ( rajoo ) (Expert) 30 March 2009
I agree with Mr. Sanjay desai. Let me know whether it is regd. lease deed or not. if it is unregd., it has no value, even if u filed a suit it is only to kill the time. Before filing a suit u issue a noitce to your owner to refund the security deposit or otherwise u keep quiet when he will come to u for vacating the premises u insist him to refund the secuty deposit. Even after lease period is over owner will have to issue a one month notice under transfer of property to redeem the mortgage. So wait.
n.k.sarin (Expert) 30 March 2009
I think Mr. Rjeev is correct.
PALNITKAR V.V. (Expert) 30 March 2009
Is the property mortgaged? I think it is taken on lease. Mr Amit are you willing to continue with possession as lessee? If yes, most of the rent acts provide that despite expiry of the period of lease, the lessee can continue possession and he can not be evicted without taking recourse to law. pls check the rent act applicable to you. If it allows continuance of possession, then the landlord will come to you with a request to vacate and in that case you can dominate the deal.
Jithendra.H.J (Expert) 31 March 2009
same query posted twice today,


why repeated query?
Sushil Kumar Bhatia (Expert) 01 April 2009
The rent deed executed in between the landlord and tenant is a contract its registration not questionable both parties are bound by each and every clause of the deed after expiration of deed the landlord is bound to refund the money as per clause of refund if any party in deed has/had not abide by contract the same can be challenged within stipulated period you can file a civil suit for refund/recovery of money/security as breach of contract
Ashey (Expert) 01 April 2009
I agree with Mr. palnitkar .. don't hurry to court ..


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