Lease amount

Vijaya Bhaskar (Querist) 04 May 2025 This query is : Resolved
Dear Sirs,

To maintain the confidentiality of the parties involved, I am using pseudonyms.

Ramu is the lawful owner of the property. Balram is the first tenant, and Pramod is the second tenant. Both tenants are residing on the first floor.

Pramod approached the owner, Ramu, with a request for a lease. At Ramu's instruction, Pramod paid the lease amount to Balram, as Balram was going through financial difficulties. Balram, in turn, paid rent and interest on the amount received from Pramod.

A lease agreement was executed between Balram and Pramod based on the advice of Ramu, who also acted as a witness to the agreement. The lease amount was transferred to Balram's wife's account via IMPS.

Now, Balram is unable to repay the lease amount or the interest to either Pramod or Ramu. Aggrieved by this, Ramu filed a police complaint against Pramod seeking to vacate the premises, citing Balram’s failure to pay the interest.

In response to the complaint, Pramod expressed his willingness to vacate the premises if the lease amount is repaid; otherwise, he indicated that he would seek legal recourse. Ramu is not showing any responsibility to repay the lease amount to Pramod and she says that Pramod has paid to Balram and he should collect from him only and vacate the house.

Following a meeting involving all parties, Balram agreed to repay the lease amount along with eight months’ pending interest within a period of three months.

Now, Ramu and Pramod are requesting that Balram execute a written agreement confirming that he will repay the said amount within three months, failing which they will initiate legal proceedings.

In this context, I seek clarification on the drafting of the agreement: who should be the First Party and who should be the Second Party?

Thank you for your guidance.

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Quick Summary

This discussion centres on a complex lease dispute where a property owner (Ramu) instructed a tenant (Pramod) to pay the lease amount to another tenant (Balram) due to Balram's financial issues. Balram failed to repay Pramod or Ramu, leading to a police complaint. Pramod is willing to vacate if repaid, but Ramu is not taking responsibility. Balram has agreed to repay the lease amount and interest within three months, and all parties are seeking advice on drafting a formal agreement, specifically regarding who should be listed as the first and second party.

T. Kalaiselvan, Advocate (Expert) 07 May 2025
Yes,very good question and purely in the academic interest.
You can either contact your tutor or any local advocate with all relevant papers to draft the agreement.

Vijaya Bhaskar (Querist) 08 May 2025
Dear Sir
Thank you for your suggestion. We will approach the local lawyers today.

T. Kalaiselvan, Advocate (Expert) 11 May 2025
You are welcome for your appreciations.

Vijaya Bhaskar (Querist) 12 May 2025
We approached the local lawyer and were suggested to make the person who is giving the promise as first party and others as second party.

T. Kalaiselvan, Advocate (Expert) 19 May 2025
You may proceed as advised by your lawyer by implicating all the parties to this dealing as necessary parties to the proposed litigation.

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