17 January 2009
land lord lets the commercial premises measuring 6500 sft. on second floor for 20 years lease by entering into lease agreement in writing which is not registered. In the said unregistered lease agreement there is a clause that the tenant shall not carry out any major alteration/additions/improvement in the premises without the consent in writing of the landlord.landlord sold the tenanted property to new owner/buyer who terminates the tenancy and filed eviction suit. Written statement is filed by the tenant alleging that he has converted the premises(open Hall) into rooms for lodging business spenting 10 lakhs with the knowlege of the landlord, though no consent in writing from the landlord is produced/taken in support of the same from the landlord to do so as per the clause in the unregistered lease agreement.Tenant files IA objection asking the court to appoint court commissioner to assess the value of the additions made to the premises.Now the issues are 1) Can the court appoint court commissioner for valuing the alterations/additions inspite of the owner giving the defence that He himself has made the additions/alterations ? 2) The tenant has not taken any consent in writing from the owner for alteration, Can the tenant claim the cost of the same from Landlord ? 3) by alleged alteration can the tenant take a defence that unless the cost of alleged alteration is reimbursed, tenant cannot be evicted ? 4) can the landlord argue that the tenant has not made counter claim and paid paid court fee on said claim, there court does not recognise these claim as per c.p.c act.?