Wants me to vacate building in which running school
SARAGADAM KRISHNA MURTHY
(Querist) 09 April 2015
This query is : Resolved
Sir,I took a building on lease for aperiod of 5 years initially and running in that school recognised by GOVT of AP .I invested nearly two lakhs in renovating the building and the premises in the beginning but latter we didnot renewed the lease agreement and running for the past ten years .In the year 2006 one of the owners sold a part of the property to a third party and when it came to my notice I filed a CAVEAT because the office building of my school lies in that sold part.Latter the other brothers too filed against the sale and last the court gave orders in favour of purchaser.Now the ownres asking me to vacate the school building as they are going to sell the propert,what I have to do,kindly guide me in the right direction
Devajyoti Barman
(Expert) 10 April 2015
What sort of order is it? If the lease expires by efflux of time and there is no clause of further time for renewal then you are amenable to eviction but till decree of eviction is passed you can continue to enjoy the property.
Dr J C Vashista
(Expert) 10 April 2015
What is the opinion and advise of your lawyer? Why do you intend to cross-check?
Rajendra K Goyal
(Expert) 10 April 2015
Agree with the expert Devajyoti Barman ji.
ajay sethi
(Expert) 10 April 2015
you have to vacate the premises if court has passed orders for eviction
T. Kalaiselvan, Advocate
(Expert) 12 April 2015
All are equal before law hence do not seek opinions to break law, you may have to go by the court verdict, better look for some better place. You have invested or renovated the building to facilitate your convenience and have been enjoying it since 2000 without caring for the law or even the agreement conditions neither even bothered about renewing the agreement, this casual attitude has to face the music of law.
SARAGADAM KRISHNA MURTHY
(Querist) 15 April 2015
Respected sirs,without giving me a notice and atleast taking my openion whether if am ready to buy the property they are selling it to some one else though I developed it ,now I have to run the school and so need the building and I will buy a fraction of it .let me Know what I have to do sir.
SARAGADAM KRISHNA MURTHY
(Querist) 15 April 2015
No sir they have not approached the court they entrusted the task to one person and he asked me to vacate so that they demolish it and sell by plots to others.
T. Kalaiselvan, Advocate
(Expert) 15 April 2015
The owner need not take the consent or opinion of the tenant to sell his property to a third person, there is no such binding condition in the rental agreement, in fact your agreement itself is lapsed without being renewed periodically, so your claim is neither justified nor tenable in law. However amicable settlement can always happen if you get an opportunity to talk out the terms and other formalities by being a little flexible.
Dr J C Vashista
(Expert) 16 April 2015
Give a better offer to the vendor if you are interested to buy the demised premises, however, it is the will & wish of the vendor to accept or reject your offer, he is not bound to sell it to you.
SARAGADAM KRISHNA MURTHY
(Querist) 16 April 2015
Is it not binding to inform the tenant if he is willing to buy the positioned building instead of bringing someone else then what about my position,I asked them to sell it when one of their brother sold a part of the property 30 cents but they didnot now they want much more price but i am demanding to sell at the previous price because the owner offered me to buy the existing building which is in 10 cents,the total extent is 1.47cents excluding 30cents they already sold.What I have to do sir.
Guest
(Expert) 16 April 2015
School recognised or not has no relevance so far as the status of lease of the bulding is concerned. Further, if landlord wishes to sell his property, he is not bound to inform the tenant.
Based on the given facts, when lease has already expired, you lose the right to keep the possession of the bulding.
However, terms of lease, the fact about the rent being accepted by cash or cheque, whether you have the proof of rent being accepted by the owners, copy of the court order, whether you have the agreement/ lease made or revised with the purchaser of 30 cents of land, etc., are certain most necessary factors that are required to be gone through before arriving at some conclusive opinion.
So, better get your documents checked in person by some expert and have the advice how to proceed further in the case.
SARAGADAM KRISHNA MURTHY
(Querist) 16 April 2015
Thanq sir(PS Dhingra),as I lodged a complaint against the purchaser and the seller(one of the owners) of the 30cents with the town policestation then they agreed to leave 5 cents at that rate and also I filed a caveat against the purchaser on 20-06-2006.But they are reluctant to get it registered in my name ,I came to know that they sold it to some one else at a higher price ,our society office room is in that and they are not asking me to vacate that part I suppose i got the right to claim for atleast that 5 cents out of 30 cents,please letme know what i have to do sir.At the time they sold the 30 cents the society lease is active (2003 to 2008)
Guest
(Expert) 16 April 2015
Quite insufficient information to form any appropriate opinion.
