Transfer of Property Act

 you have every right to get back your property. After the lease expires you can serve a notice to him under the TPA terminating the lease. donot succumb to blckmailing by the tenant.  

Dear Jagedesh

Your lease agreement withf the tenant must have contain a exit/termination clause. Even if you dont terminate the agreement, it will expire on 01.11.2012. If both of you dont renew the same agreement, the tenant will be treated as treaspasser to your property. Still, you need to serve a notice stating your intention to the tenant through a registered letter (acknowledgement of which is necessary) much before the expiary of your agreement. The matter of good will does not arise here at all. Also dont tell them that you are going to start similar business there.

very well advised by both the counsels.

you have a right in your property, the tenant can not dictate terms to you....there could be a litigation but the landlord will have the final laugh, if the facts of your case are considered.

meet some local lawyer and analyse the contents of the agreement, if something goes agaisnt you on technical side still you can have access to local rent laws to get possession of the property for personal use.

Hi All,

Thanks for your reply.

I have few doubts.

1. As it is mentioned in above reply tanent will be treated as Treaspasser once we issue the lease terminantion notice. In that case can we file criminal case against tanent if he continue in the premises.

2. As it is Civil case some of our friends saying that may take long time in court to get the judgemnt. So is there is any procedure to speedup the process in court.

Please advice .

Thanks in advance.

You can not file a criminal complaint and also can not evict him by force. You have to take recourse to law by filing suit for possession. 

Thank you for our reply.

In that case, in our India civil cases will take long time to solve the isue. So these delays can become advantage for tanent.

Also tanent can intensionally stretch the case for very long period of time. Some times it may take 3 to 4 years also to get the final judgement .  So indirectly that will benifit the tenent.

So is there is any precautionary steps we can take to get judgement fast.

Thanks

After you terminate the lease the status of the tenant is that of an unauthorised occupant and he is liable to pay damages at the market value of rent thereafter. But when you file a suit, you must plead for mesne profits/damages.

Usually cases under the TPA  take lesser time to resolve. It depends upon the defence of the tenant. 

Thank you sir.

After you terminate the lease, if we reject to take the rent from tanent, he will pay the rent in court.

Some of the friends are telling , if we won't take the rent from court then judgement will come fast.

Is it really true ?

Please advice.

Thanks,

Waiting for your reply.

Can you please advice about my above query

It shall not affect the proceedins. Howver if the tenant does pay despite the order his defence may be sruck of.

Hellow sir,

From your reply what I undesrstood, there is no much differance between Tanent by sufferance or tanent by hold over .  So in both cases judgement will take same time.

One more thing:  As u suggested we can demand rent from tanent as per market value after termination of agreement .

So is there is any method to decide the market value by court. 

If court agrees to ask tanent to pay rent as per market value it will be very good. Because tanent is paying very less rent when comapred to maket value.

Please advice how to get the rent from tenent as per market value through court after termintation of agreement.

Thanks,

You can not demand market rent , do not be illusion whatver be the advice.

Hi,

if  we can not demand for market rate, pls let me know generally how long it will take to get our property back from tanent in case of  transfer of property act.

Thanks,

Jagadesh N

Hi All,

Recently supreme court has given below judgement.

Tenant to enjoy immunity from being evicted for 5 years: SC 

The Supreme Court on Friday said the landlord cannot evict tenant for at least five years if he is paid rent regularly as per the agreement between the parties.

Will it applicable to T.P. Act 106 as well ?

Waiting for your reply.