lease of commercial building
shanker narayan
(Querist) 04 October 2010
This query is : Resolved
i had leased a commercial building in shimoga in karnataka state in 2002 measuring about 900 sq ft for rs. 4750 per month. the lease agreement is on a stamp paper of rs. 100 only and is not registered. the lease agreement stipulates that the rent will be enhanced at 30% every three years periodically.the advance for the bukiling paid is rs. 1,50,000/- however,the lease does not mention any period of lease but does mention that the enhancement will be for every three years at 30%. the landowner did not ask for any enhanced rent at any time till june 2010 as the market conditions were dull and there was not demand for that particular area in the town.i continued to pay a rent of rs. 4750 for the entire period till june 2010. however, now due to road widening and other developments the demand has gone up ant the loand lord is insisting that i pay an arrears of rent of 2.70 lacs. i have since vacated the premises and he is refusing to take possession of the building uless i pay the arrears of rent. can he move a court as the lease deed is understamped and unregistered and will it be taken as evidentce. what is my remedy as inspite of my letters he is not taking vacant possession of the building and continues to demand rs. 2.70 lacs as arrears of rent. kindly advice. regards. shanker narayan
shanker narayan
(Querist) 04 October 2010
i will be pleased if you send me your advise.
R.Ranganathan
(Expert) 04 October 2010
You send registered notice of vacating the premises to the owner. This will be proof of your vacating the premises. Further you reply to the notice of the owner claiming the amount through an advocate. You have not stated how the rent was paid, if any receipts were issued to you or not.
shanker narayan
(Querist) 05 October 2010
Dear Sir,
I profusely thank you for your timely adivce. you have done me great service. Yes, I have already sent a registered notice informing him of my vacation and asking him to collect the keys and that i am not liable to pay further rent. the rent for the entire period has been paid to the bank account of the owner and i have counterfoils for the same. thank you. now i will proceed as adviced by you. with great regards. shanker narayan
