Validity of leave & licence agreements

Narain Thadani (Querist) 16 April 2015 This query is : Resolved
A Leave & License Agreement was made in 1971 with a Firm consisting of 3 partners.
Today only one partner is alive & the Firm is defunct (not doing any business & not having filed I/Tax Returns for the last 5 years).
1)Then is the L&L Agreement still valid?
2)Can this be cited as ground for eviction?
I will appreciate your views?

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Advocate Ravinder (Expert) 17 April 2015
The minimum persons required for partnership is two. Since only one partner is left, the partnership will cease. The sole member will become the lessee now. You cannot evict him under the ground of dissolution of partnership. You have to knock the doors of the court to evict him. You have to convince the court that the lease is given in favour of the firm, but not in favour of individual member. Hence, eviction may be granted. You may get the eviction order.

Rajendra K Goyal (Expert) 17 April 2015
The terms and conditions of the L&L agreement need to be referred, consult local lawyer.

T. Kalaiselvan, Advocate (Expert) 25 April 2015
I agree with the views and opinions of expert Mr. Ravinder.

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