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Nell Fernandes (retired employee)     03 November 2016

Bank lease deed

Dear Sir,

We let out our premises to a nationalized bank in April.  They just got the offer letter signed and not any lease deed. we spent several lakhs making the requisite changes, shutters, transformer for the load asked. We didnt realize then it was a wrong decision to give to a psu bank.

The bank till last month did not give us any lease deed.  when we saw the lease deed, we were shocked. it is asking for us to sign 15 years with 15% increment every 5 years but the worst thing is that the first statement says that the bank can at its discretion vacate the premises anytime with just 3 months notice. 

it says several such things like if it needs additional load beyond 15 kv we supplied, we will have to secure and give at our own cost else it will secure itself and deduct from us.  It says that it can sublet the premises to anyone without asking us.  

All the points are in favor of the bank and does not protect the owner anywhere.   

Since we did not sign the lease nor is it registered and we do not want to sign it till the bank removes that 3 months notice clause. it should be applicable then viceversa.  We do not mind the loss but we do not want such a nasty tenant.  the circle office feels that owners are their employees and do not even talk properly.  when they wanted our premises, they ran after us. 

Kindly tell me the legal way to get them evicted immediately. 



Learning

 2 Replies

adv.bharat @ PUNE (Lawyer)     03 November 2016

Give notice for eviction as per agreement.

No caluse in your favour if bank agreed for lease deed then only proceed further other wise evict them.

Will u appreciate this answer by giving THANKS on my LCI profile?

Nell Fernandes (retired employee)     07 November 2016

Dear Sir,

Thanks for your response. Everyone wants a cooperative tenant. It shouldnt be rigid. If the bank oks the protection, we definitely will continue. protection should be vice-versa. already the current mgr of the bank keeps complaining that the location should have been close to his house not here. He keeps saying that he will have this location reviewed next year. As in any organization, every individual seeks his own benefit.

Our premises was selected because there was a Honest person in the selection committee. If the local mgr does not respect the decision of their Circle office, then obviously having invested so much, we need to be guarded against whims of individuals who can use clauses like 3 months notice clause. 

 


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