Urgent: leave and licence agreement: termination
sahil gupta
(Querist) 01 April 2013
This query is : Resolved
A shopping Mall shop's possession given under Leave and Licence Agreement for 9 years (renewable after every three years). 1st 3 years term agreement was signed on Rs.100 stamp paper, thereafter after expiry of first three years, the Licensor wrote a letter to the licencee allowing another renewal on its letter head (no stamp paper was used). LLA provides, stamp duty to be borne by Licencee alone. Licensor has now served a Notice for renovation of Mall, Licensor intends to get vacated the shop.
The Licencee has replied that the term of agreement was 9 years and now the agreement has been renewed by mutual consent of both the parties for another term of three years.
1. What is the validity of the first Leave and Licence Agreement.
2. What are the rights available to licensor under above circumstances.
(Licensor have some 60 days time to start renovation of Mall).
3. Can the licensor terminate the agreement by stating that Mall shall go under renovation? (nature of Licence is that it may be terminated any time?)
4. Should we serve the Licencee with a rejoinder?
5 Any other advice
P.S. I need relevant info/ Answers with or without citations. Experts who have dealt with similar cases may please provide me citations.
Thanks in advance. :)
Devajyoti Barman
(Expert) 01 April 2013
1. It continues'
2. He can file case for vacating the premises for renovation.
3.No
4.Not necessary
5. If you vacate the premises for renovation , get a fresh agreement for relocation to the same premises after renovation.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 01 April 2013
Every such agreement for more than one year has to be registered.
And whatever is mentioned the burden in on landlord to get it registered.
No easy task to get it vacated., such matters go up to SC level.
prabhakar singh
(Expert) 01 April 2013
The agreement you talk would be required to be registered any where in India and in Maharashtra every leave and licence agreement for any period must be registered and the burden to register the same is on the land lord,which he if does not discharge
what ever licencee set ups as plea the courts are to bound to believe ignoring land lords plea.
Raj Kumar Makkad
(Expert) 01 April 2013
Nothing to add more in the given advice.
Raj Kumar Makkad
(Expert) 01 April 2013
Nothing to add more in the given advice.
ajay sethi
(Expert) 01 April 2013
agree with experts
