shanmugman
27 January 2016 at 12:26
Dear Sir,
I have made an rental agreement for a shop for 11 months with a notice period of three months i want the tenant to leave on the end of 11 months shall i give the notice period at the start of 9th month. I want this shop for my personal use If so how can give this notice period to the tenant. have copied and pasted the agreement for your kind review.
RENTAL AGREEMENT
This Agreement of Lease entered into at Chennai this is the day of 26-April-2015 between
Mr. N.Shanmugam son of Mr.P.M.Natesan aged about 33 years residing at Flat A5, The Meadows, Moovender Nagar Extn, Near Bharathi Nagar Bus Stop, Mudichur Road, Old Perungalathur, Chennai – 600 063 hereinafter called LANDLORD of the FIRST PART.
A N D
Mr. Kalvin son of Mr.Thangappan aged about 29 years residing at No.22, Rajeev Gandhi Street, Krishna Road, New Perungalathur, Chennai – 600 063 hereinafter called the TENANT on the SECOND PART.
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Whereas the Land lord is the absolute owner of Old No 16/ New No 36, Buddhar steet, New Perungalathur, Chennai 600 063
WHEREAS the Tenant approached the Landlord and wanted to lease the portion of the Shop No. 1 of Old No 16/ New No 36, Buddhar steet, New Perungalathur, Chennai 600 063 measuring an area of about 70 sq. ft. (approximately) at a monthly rent of Rs.2500/- (Rupees Two thousand five hundred only) for commercial purpose.
WHEREAS the Landlord accepted to above said offer and in pursuance of which the following agreement is entered into subject to the following terms and conditions.
AND the Tenant has agreed to occupy the premises as Tenant and make use of fittings therein subject to terms and conditions set out hereunder.
NOW THIS AGREEMENT WITNESSETH AND STATE AS FOLLOWS:
1. The portion let out by the Landlord to the Tenant under this agreement is measuring about 70 sq. ft. or thereabout and more fully described in the schedule hereunder.
2. The Period of rental agreement shall be for a period of eleven months commencing from 04-05-2015 to 03-04-2016.
3. The portion let out under this agreement shall be used for Commercial purpose only.
4. The Tenant agrees to pay a monthly rent of Rs.2500/- (Rupees Two thousand five hundred only) for the portion (Shop No. 1) on or before the 5th day of every succeeding English calendar month.
5. The Tenant has paid a sum of Rs.30,000/- (Rupees thirty thousand only) as rental advance and this deposit which shall be refunded to the tenant after the expiry or termination of the tenancy, this said amount shall not carry any interest.
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6. The tenant shall maintain the portion let-out to them in a fit and tenantable condition.
7. The Tenant shall keep all fixtures, electrical appliances and other amenities provided in the premises in good condition.
8. The Tenant shall not use the premises for carrying out any unlawful illegal, dangerous or immoral purpose.
9. The Tenant shall not make any structural additions or alterations to the portion of the building let out under this agreement without the written consent of Landlord. However such permission is not deemed necessary in relation to alteration work for installation of air-conditions.
10. The Tenant shall deliver vacant possession of the premises in the same condition and manner when let out.
11. The major repair/defects in the sanitary, electric installation arising out of the negligence shall be rectified by the tenant. It is presumed that the Tenant has taken possession of the premises in good and acceptable condition.
12. The Tenant and the Landlord shall have the right to terminate this agreement after 3 months in giving three months notice in writing of such desire and thereafter the Landlord shall refund the balance rental deposit on such termination of this agreement at the time of handing over the vacant possession of the said premises of the tenant.
13. The Tenant shall not disturb the other tenants within the campus.
14. The agreement may be reviewed for a further period of on such term and conditions which both the parties will mutually agree.
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15. The Tenant shall not sublet the whole or any portion of the shop to anyone.
16. The Landlord shall permit the Tenant to peacefully enjoy the above said premises free from any hindrance by the Landlord or any person or persons claiming through or under him.
17. The Landlord shall pay all taxes and other levies on the premises save those specifically covenanted by the Tenant to be borne by them and to maintain the premises in good and tenantable condition at all times.
18. The Tenant shall pay the electricity charges as per meter reading charged by TNEB.
19. Every year the rent will be increased as per the market value, this
will be intimated during the agreement renewal for the subsequent year by the landlord.
20. The Tenant is a person within the meaning of Tamil Nadu Buildings Lease and Rent Control Act.
21. No Acid/Flammable/Explosive items should be kept or sold in the shop premises.
SCHEDULE
Premises at portion (Shop No: 1) of the Old No 16/ New No 36, Buddhar steet, New Perungalathur, Chennai 600 063, measuring an area of about 70 sq. ft. (approximately).
IN WITNESS WHEREOF the Landlord and the Tenant hereto have signed and set their hands on the day, month and year above written.
WITNESSES:
1. LANDLORD
2. TENANT
Thanks
shanmugam
rajan chopra
26 January 2016 at 15:44
Sir in a summary suit filed by me the court directed me to serve the defendant with the help of P.S of court and copy of plaint and documents of the suit be given to the defendant at the time of his service and to file an affidavit on next date of hearing that defendant was served as per directions of the court.As the defendant being served as per directions of court I filed an affidavit on next date of hearing mentioning that defendant was served in my presence and copy of plaint and documents of suit were given to defendant.But the Judge ruled that the defendant is not served as in his report the process server has not mentioned that the copy of plaint and documents of suit were given to defendant while being served and asked me to again adopt the procedure to serve the defendant and I again compliance the order of Ld court.Now on next date of hearing may I pray to court that the court should consider the first service of defendant a valid service on the basis of my affidavit ?
Saurabh Pathak
25 January 2016 at 20:34
An electricity connection was taken falsely in the name of my client while he never applied for same.The eletric. dept. has sent a recovery notice asking him to make payment.Please enlight whether the case can be presented before the consumer Forum or I should present it before civil court. My case is that my client never applied for any connection and thus technically, he is not a 'consumer'.Notice to opposite parties has already been served.
pvvgopalakrishnamurthy
25 January 2016 at 19:30
i have a query. please answer anu one...
i have filed s suit for permanent injunction, notices were served on other side, the defendant has made his appearance through his advoate, after one and half of year without offering any explanation he submitted his written statement, i objected it, the court accepted the same even without any explanation in writing or orally. the i filed an application eschew the same from record. in IA, other side filed his counter and after inquiry and hearing the IA was reserved for orders. when i am anticipating orders, the learned judge was pleased to returned the said IA saying the same is not maintainable and ultimately terminated the entire interlocutory application, is it justifiable.........please answer and how to defend the same before high court.....................
SIVA KUMAR
25 January 2016 at 19:04
Sir,
My grandfather's elder brother executed registered
gift deed 1/3rd share in favour of his daughter
some landed property without any TITLE, RIGHT,
POSSESSION and ENJOYMENT which property is self-
acquired by my grandfather and purchased
independently out of his own funds 20 number of
lands after their joint family partition with his
two brothers.
out of 20 lands only 2 numbers he gifted 1/3
share remain entire land in other numbers my
grandfather sold long back, the other brother of
my grandfather did not claim any property which he
purchased personally.
now the DONE filed suit in sub-court for
declaration of title, right and division, suit is
under trail, plaintiff's side witness completed so
far rest in pending.
There is no any donors right establish documents
except gift deed with done (plaintiff).
Q. Kindly refer Andhra HC and Supreme Court related judgments to suit.
Naveen
25 January 2016 at 17:15
Dear Sirs/Madams,
I use to have Santo 4 wheeler and I sold the same(10 months back) to one my relative in my home town, unfortunately till date they have not changed the registration to their name.
Couple of months back, his (the person who bought the car from me) car driver made an accident and the victims got hospitalized with injuries only. I was told that the both the parties agreed mutually and settle the issue.
Now I have got the Form of Summons Order V Rules 1&% of the Code of Civil Procedures BEFORE THE MOTOR VEHICLES ACCIDENT AND CLAIMS TRIBUNAL IN THE COURT OF THE DISTRICT JUDGE to appear on court on 16th Feb.
The case is showing between the parties of the Victim (Petitioner) and Car Driver as Respondent-1 (R1) and R2 on my name.
Please suggest and advise me now
How to react to the situation?
Is this case is will hamper my career prospects?
I would urge you experts to provide me the best possible solution to come of the issue.
Thanks
Naveen Kumar
anandakumar
25 January 2016 at 15:39
Respected experts, Please clarify my doubt. Can an advocate who prepared an unregistered will also signed as the scribe of the will under the heading 'prepared by' file caveat applications on behalf of the benificiary after the demise of the testator of the will against the other legal heirs of the testator? And he also subsequently deposed evidence on the side of benificiary supporting the benificiary in a suit filed for partition of the will mentioned properties by the other legal heirs . His evidence can be discarded since he filed the vakalath namas in favour of benificiary in the aboveasid caveat petitions anticipating litigations ? Pls carify is the advocate scribe/ benificiary wittness in the suit for partition is an interested wittness? What is the validity of his evidence? He was already an advocate of the benificiary in the caveat petitions. But later gave evidence in the suit supporting execution of the alleged will in the partition suit. Thanks
Sachin Jaiswal
25 January 2016 at 13:37
Hey,
Would like to confirm, how to proceed further..
My friend has taken loan from private money lender and the condition kept by money lender was to do a sale deed of the property which my friend owned and if the money is returned within 11 months with interest then he will cancel the deed or else the property would be acquired by him. My friend agreed to the condition and proceeded due to urgent money requirement.
However, there is no agreement or clause mentioned in the deed, sale deed states that the money lender has purchased the property from my friend by paying complete amount.
Govt. Land value: Approx.: 50-60 lakhs
Loan taken: Rs: 20 lakhs
Amount mentioned in the sale deed: Rs: 35 lakhs
Amount paid in Cheque by Money lender: Rs: 35 lakhs
Immediately extra amount was refunded to money lender by Cheque: Rs: 15 lakhs
Now, 13 months have been completed however my friend couldn't repay the loan and money lender has acquired the property. He said the total amount payable is Rs: 35 lakhs with interest and have given enough time to repay however you couldn't hence, I have the take the possession.
Kindly suggest if there is any way out to regain the property or at least to get remaining value of the property as per Market rate.
Aruna Kumari Andy
25 January 2016 at 10:45
Hi Dear Experts,
No Answers for any query...........?
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