Leave and license agreement
Querist :
Anonymous
(Querist) 14 May 2011
This query is : Resolved
Sathya entered into Leave and license agreement with Damodar for renting a flat in Mumbai for 11 months at Rs.4000/= per month as rent w.e.f 15.3.11 and paid Rs.10000/= in cash and balance Rs.20000/= by post dated cheque dt.10.4.11 towards refundable security deposit. Condition. On the agreement executed and notarised on Rs.100 stamp paper it is mentioned security deposit received subject to realisation of the cheque. Another condition in the agreement is One month notice is required to be given by the tenant before vacating the flat failing which one month rent will be recovered from the security deposit kept with the Licensor.on 13.4.11 Cheque for Rs.20000/= issued fvg Damodar bounced and tenant not paying the rent and Rs.20000/= What is the legal remedy. Can Damodar physically drag them from the house and put his own lock to his house and send a letter to pay the amount due and till that time he will not allow him to take his belongings. The key to the house , damodar intend to deposit with the police along with FIR for cheating and cheque bouncing case. Advise.
Guest
(Expert) 15 May 2011
Very good proposal for Damodar to get himself behind bars by dragging Sathya physically out of the house and put his lock on her belongings also!
Just think, have you made any such mention in your agreement that in case of cheque bounce or non-payment of rent she would be dragged out of the house and her belongings would be kept under lock?
When legal remedies are there, why illegal action is preferred by you?
Just give her notice under sec. 138 of the N.I. Act for the dishonour of cheque and if still not paid, file a case in the court of law. For such an offence she herself can be jailed. You can also file another case about recovery of rent on account of non-payment of rent by her and for eviction from the house.
