Claim for damages of breach of contract
Guri Sidhu
(Querist) 30 October 2013
This query is : Resolved
In 2005 FCI invited offers from land owners for construction of plinth and other facilities for storage purposes and after construction to lease to FCI on rent for three years. I submitted offer. After negotiation, my offer at negotiated rate was accepted and agreement on 1.6.2006 was entered into giving details of terms on which I agreed to lease out plinths after construction under lease agreementto be executed between the parties in the prescribed performa. Time was essence of the agreement and in case of delay in construction and faulty workmanship, FCI was not bound to take plinths on lease. I borrowed loan from bank and raised construction. FCI took possession on 12.01.2007, but served notice of vacation on 14.09.2008. I filed suit for breach of contract. Main defence of FCI is that in absence of of registered lease deed the parties were not bound by the period of lease as the agreement was unenforceable and in absence of valid agreement. tenancy was month to month and liable to be terminated under section 106 of Transfer of Property Act, and hence I cannot claim damages?????
dr g balakrishnan
(Expert) 30 October 2013
issue here is FCI took possession of construction you constructed which hope you can prove then even oral contract is valid so lease arrangement is not vital so you can move against FCI and claim damages pls
Guri Sidhu
(Querist) 30 October 2013
thnx sir.. Can u pls provide any case law for help.
