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sankarnath (LAWYER)     11 September 2013

Remedy for eviction notice

One Public Ltd. Company, Central Government Undertaking had been enjoyed one Apartment at Central Kolkata since 1961, as leasehold.

The Property consisting of the Apartment sold on 2011 and new owner subsequently enter into a License Agreement authorized by Notary Public, of 11 Months with the said Company.

Afterwards the present owner of the property used to issue the rent receipt by stating as licensee Rent instead of Lessee Rent, as earlier.

No sooner had the 11 month completed the present owner sent an EVICTION NOTICE to the said Company.

Is there any Remedy whatsoever for that Company against the Notice and continue the possession?



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     11 September 2013

Dear Advocate Sankarnath,

As admitted by you that the licence agreement period is only for 11 months, if the conditions satisfy, the owner is legally right to send an eviction notice;  A 11 months agreement do not need to be registered before the Registrar;  Advocate Kalaiselvan Ph: +919443441062

Advocate Bhartesh goyal (advocate)     12 September 2013

If company does not respond the notice, does not mean  that owner can take possession of property by force,owner has to adopt the procedure of law and has to file eviction suit against company.Till the decision of case possession of rented property will remain with company.


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