How to cancel lease deed or injunction order?
Shuaib Ahmed
(Querist) 28 March 2014
This query is : Resolved
Hello Gentlemen!
I am in a state of chaos, regarding cancellation of the lease deed related to one of my properties. I have entered into a lease agreement and given the possession of the property for 18 years. It's been one and half year since then, and I am looking to cancel the agreement. But, it doesn't look that easy. Hence, I am looking for some valuable piece of advice. Here are the main clauses of the lease deed:
1)The lessor(me) giving the schedule property on lease to the lessee to the property as it is for a period of 18 years from the date of this deed.
2)The lessee already paid afore mentioned entire lease amount to lessor and the same are hereby admitted and acknowledged by the lessor.
3)The lessor hereinafter not entitled to get any amount from the lessee towards the rent.
4)During the subsistence of this lease deed, if anybody including any financial institutions claim any sort of right, title or interest whatsoever in any nature, the lessor shall pay the received amount in double to the lessee.
5)The lessor shall not cancel this deed till the completion of lease period in any circumstances.
6)The lessee at his option can cancel the lease by giving 3 months prior notice to the lessors.
7)The lessee is permitted to sub-let the schedule property to the third parties without any prior consent of the lessors.
I blindly agreed to the above mentioned clauses and signed the deed in a state of hurry. But, it was too late when I realized that I am the looser. Now, under this circumstances what options do I have to cancel the deed and get back my property. And, one more important factor is that the property was and is mortgaged by a bank. And, the lessee was completely aware of it when he entered the lease agreement. The lessee has also obtained an injunction order from civil court to maintain his possession on the property. (How to cancel that?)
Therefore, now what should I do to cancel the agreement. Should I pay the lease amount or should I pay the double amount? Can I approach the registration office and apply for cancellation or Should I go with the lease amount to the court and file for cancellation?
Any sort of help will be appreciated. Thank you all in advance for your precious advises. Have a good day gentlemen!
ajay sethi
(Expert) 28 March 2014
lease deed is binding upon you . as per agreement you have no powers to cancel the lease deed .only lessee has powers to cancel the lease deed by giving 3 monrths notice . before signing document you ought to have consulted a local lawyer . anyhow you have received 18 years rentals in advance .
you ought to engage a local lawyer . cancellation can be by mutual agreement if lesee agrees .court wont vacate injunction unless you have a prima facie case
Shuaib Ahmed
(Querist) 28 March 2014
Thank you for the reply Sir!
But, there are certain other important factors associated with this agreement. This agreement was actually made as a debt security on behalf of some amount the lessee lend me. At that time I was in a hurry to deposit that amount in the bank to fulfill a court's order. And also the registrar at that time denied to register the deed because the property was already mortgaged by the bank. Hence, he wrote it as pending. And, there wasn't any amount mentioned on it. The lessee after a year wrote the amount with a pen in the blank. He displayed his evil intentions by managing the area Police Station and broke into my premises with 30 goons and robbed my personal documents from the office. The police denied to act on my compliant even though they know I am the owner. Infact, when I went to file an FIR, I came to know that the lessee have already filed an FIR against me that I was interfering the property where he showed that he is in control of it since past one year. I tried a lot but poor legal advises made things more harder to get back my property. The lessee then managed the registrar and turned the pending agreement into permanent by mentioning his calculated amount on it. And, then achieved success in obtaining injunction too. It's 1 and half year now and I still don't have any idea about how to get my property back nor any lawyer whom I met does. Also my property is a function hall and it generates a monthly income upto 5 lakhs then why would I agree to give him the property for 18 years for just 10 odd lakhs. This is a very complicated case. Please help me with your precious advises.
Thank you all in advance!
