Can flat be got vacated under specific relief act

Guest (Querist) 29 November 2015 This query is : Resolved
My flat in Gurgaon is on lease agreement for 11 month. Of course it is on stamp paper and duly notarised but not registered.
Can the flat be got vacated on lapse of lease period under specific relief act?

2. There is clause for automatic raise of lease rent to 30%higher value if not vacated on lapse of lease agreement. Can this also be enforced through specific relief act or specific performance act or is any other suit is required?
3. The rent value is out of rent control act limitation

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prabhakar singh (Expert) 29 November 2015
You need to file a suit of eviction, arrears of rent, if any,and also for damages for wrongful use and occupation after the expiry of the period of lease agreement BUT ONLY AFTER SERVICE OF A NOTICE OF ONE MONTH UNDER SECTION 106 OF TRANSFER OF PROPERTY ACT, on the tenant.Normally these suits are filed in Small Causes Court: but in many jurisdictions there are special enactments, probably in Haryana too , provision thereof if applicable to your building should also be taken care of.
So far validity of unregistered lease is concerned, it would be treated valid as it is for a period less than a year.

Specific relief Act has no role to play in your matter.
If Rent Control Act is inapplicable then only provisions laid in Transfer of Property Act shall apply.

Guest (Querist) 29 November 2015
Thanks sir, what about my query in point 2 regarding penal rent a clause. Is this enforceable under Transfer of property Actor Specific performance act??

prabhakar singh (Expert) 29 November 2015
Only TPA not SRA.
Stipulated damages can be awarded provided they are not much inflated in the opinion of court with reference to circumstances that governs such damages.