Arbitration

Querist : Anonymous (Querist) 17 July 2010 This query is : Resolved
Dear All

I want to know that in a lease deed where the arbitration clause ids mentioned for referring all the disputes and differences arose between the parties in respect of the agreement -the matter shall be decided as per arbitration concilation act

In this situation if there is a clause that on the expiration of the period of agreement sthe lesse shall vacate the property peacefully - but lessee intentionaaly after the period is not vacating the property and saying what ever rent you want tocharge we are ready to pay and depositing the enhance rent more than market value in my account with out renewing the deed/my permission.

Let me tell that for eviction purpose where should we go either in arbitration or civil suit for eviction? and what grounds?

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Chanchal Nag Chowdhury (Expert) 17 July 2010
U have to file a Civil Suit. Make no mistake the arbitration cannot extend to matters relating to title & eviction from Immovable property unless U people decide to take the KHAP PANCHAYAT route.

Parveen Kr. Aggarwal (Expert) 17 July 2010
In case the Rent Act of your state is applicable to your property, you will have to take resort to the proceedings under that Act. Otherwise, you may file a civil suit for possession by terminating the lease.

S. Bharath (Expert) 17 July 2010
You need to go before the arbitrator; please note that the arbitration clause survives the agreement.

Devajyoti Barman (Expert) 17 July 2010
If there is specific rent act is in place in your state then certainly arbitration act has got no jurisdiction to step in.

pawan sharma (Expert) 23 July 2010
i. in u's queary it is not claer that the said property is an old one or new.

a. if property is old- governed with Rent Act as applicable in u's case.
b. if the property is new give notice u/s 106 TP Act for evection.
c. the arbit. cl. saving the court jurishdiction.
before taking any stap u find opinion of local Adv.

Querist : Anonymous (Querist) 23 July 2010
prperty is not goverened in Rent act(New Property rent is rs.50000 per month)

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