Termination of registered lease during the subsistence of lease
dawood ahmed
(Querist) 06 April 2012
This query is : Resolved
RESPECTED EXPERTS PLEASE GUIDE ME IN THE FOLLOWING FACTS & CIRCUMSTANCES OF A CASE:
A EXECUTED A REGISTERED LEASE DEED OF HIS BUILDING TO B FOR A FIXED PERIOD OF 3 YEARS WEF 01-01-2011 AT AMONTHLY RENT OF RS. 1100/-.
THERE IS ASTIPULATION IN THE LEASE THAT EITHER PARTY CAN TERMINATE THE LEASE WITH 3 MONTHS PRIOR NOTICE TO OTHER OARTY.
ON 01-12-2011 A HAS ADDRESSED A LETTER REQUESTING B TO HAND OVER THE VACANT POSSESSION OF THE LEASED PREMISES BY 01-04-2012.
HAVING RECEIVED THE NOTICE, B, INSTEAD OF VACATING THE PREMISES FILED AN INJUNCTION SUIT AND OBTAINED AN ORDER RESTRAINING A FROM EVICTING B EXCEPT BY FOLLOWING DUE PROCESS OF LAW.
PLEASE GUIDE ME NOW APART FROM FILING W.S AND COUNTER IN THE INJUNCTION SUIT FILED BY B DOES A HAS TO FILE FRESH SUIT FOR EVICTION OF B FROM THE LEASED PREMISES? IF SO UNDER THE CIRCUMSTANCES THAT THERE IS A REGISTERED LEASE FOR A FIXED PERIOD AND VACATING NOTICE IS GIVEN UNDER THE CLAUSE STIPULATED IN THE LEASE DEED WHETHER THE SUIT FOR EVICTION HAS TO BE FILED IN A CIVIL COURT OR SINCE THE RENT IS LESS THAN RS. 2000/- P/M AND THE LEASED PREMISES ARE WITHIN THE MUNICIPAL AREA A PETITION HAS TO BE FILED BEFORE THE RENT CONTROLLER? BUT YOU SEE A DOES NOT HAS GROUNDS AS PROVIDED UNDER THE RENT CONTROL ACT TO SEEK THE EVICTION. WHAT SHOULD HE DO NOW?
SWCONDLY, SINCE THERE IS LEASE DETERMINATION CLAUSE IN THE LEASE DEED ACCORDINGLY A HAS ADDRESSED A LETTER TO B ASKING HIM TO HAND OVER THE VACANT POSSESSION OF THE LEASED PREMISES THE LEASE BECOMES DETERMINED ON THE COMPLETION OF THE THREE MONTHS NOTICE PERIOD SO CAN HE FILE CIVIL SUIT
ajay sethi
(Expert) 06 April 2012
the terms of lease deed are clear . either party can terminate lease deed by giving 3 months notice . in reply to application taken out by lessee you should cite provisions of agreement wherein contract could be terminated by giving 3 months notice .
terms of contract are sacrosant . on basis of your reply the court will vacate interim reliefs granted and lessee will have to vacate posession .
what are penal clases in case lessee fails to vacate inspite of notice ? invoke them
ESTHERPRIYA
(Expert) 07 April 2012
Yes he can do so but before that it is best to evict him by negotiation with the help of advocate and other persons amicably without resorting to legal suit.
dawood ahmed
(Querist) 12 April 2012
THANKS FOR YOUR ADVICE, SIR, BUT THE THING HAUNTING IS SINCE THE RENT IS LESS THAN Rs.2000/- THE MATTER COMES UNDER THE PROTECTION OF RENT CONTROL ACT. I WOULD BE GRATEFUL IF THE FOLLOWING POINTS ARE CLEARED.
1. SINCE THE LEASE IS UNDER A REGISTERED RENTAL DEED AND THE EVICTION SOUGHT IS AS PER THE AGREEMENT BETWEEN THE PARTIES AS MENTIONED IN THE RENTAL DEED- WHAT IS THE EFFECT OF THE RENT CONTROL ACT ON THE MATTER ?
2. FOR EVICTION OF THE TENANT IF I HAVE TO FILE A CASE UNDER WHAT LAW I.E. WHETHER A CIVIL SUIT OR A PETITION UNDER THE RENT CONTROL ACT ? IF I HAVE TO FILE AN EVICTION PETITION UNDER THE RENT CONTROL ACT THERE ARE ONLY SPECIFIED GROUNDS WHICH DONT COVER THE GROUND OF AGREED TERMS OF THE LEASE DEED ?
