Lease
manish singh
(Querist) 27 July 2017
This query is : Resolved
Wheather Patta Dawami is a permanent lease & whether it is inheritable ? Can it be terminated by Surrender of possession ? If record of rights shows the possession of Lessor's successors then can Surrender of possession be prooved in courts by Record of Rights.
Rajendra K Goyal
(Expert) 27 July 2017
State material facts of the problem if any.
How are you concerned / related with the query?
P. Venu
(Expert) 27 July 2017
Please disclose material facts. The term lease could have wider meaning than the definition as provided under Transfer of Property Act. Everything depends upon the terms and conditions.
M V Gupta
(Expert) 27 July 2017
Mitra's Legal and Commercial dictionary gives the word "Patta" to mean "deed of lease by the land lord to the tenant." The word Dawami does not find place in the dictionary, but appears to be colloquial word in usage in the north to describe a permanent lease. This lease is given on payment of a premium to the land lord which is almost equal to a substantial portion of the market value of the property and a nominal rent say one rupee as monthly or yearly rent. So long as the lessee does not violate the terms of lease he can continue to hold the property and use it for the purpose for which it is granted without anytime limit or a long period, if any, set out in the lease deed which is generally 99 years. It is inheritable as the document invariably described the word "lessee" to mean and include his heirs, assigns, executors and administrators. The document generally provides right of transfer or sub letting to the lessee. If the lessee wants to surrender the lease he can do so by executing the deed of surrender and registering it. Record of rights does not record surrender of the lease unless there is registered deed of surrender.
manish singh
(Querist) 28 July 2017
Thanx for your reply. But in TPA there is provision of Determination of Lease by Implied Surrender in S.111 ( f ) of TP Act by relinquishment of Possession / Delivery of Possession which can be proved by Record of Rights in favour of Lessor.
M V Gupta
(Expert) 28 July 2017
Implied surrender is question of fact to be proved by the Lessor. As u are aware of the TP Act provisions, you may see the various precedents furnished in the commentary to Section 111 (f) of the Act. There need not be further discussion on this issue.
