Leave and Licence agreement in Ahmedabad

Ravindra Joshi (Querist) 24 January 2011 This query is : Resolved
I have a residential flat in Ahmedabad city which I am giving on Leave and Licence basis for 11 months. Broker has given me a L&L agreement and claims that this has been prepared by a local lawyer and it contains standard terms. Since I have done LLB, I could understand and modify where required most of the terms but I could not understand the meaning of one clause
"J) Notwithstanding anything herein contained, this agreement is being executed as per the ordinance passed by the state government vide the subsection 1 (A) of the section 4 (1) of the Bombay Rent act 1947."

I request you to provide implication of this clause and if possible, text of the said ordinance passed by the Gujarat State Government.

Thanks and regards
Ravindra

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A V Vishal (Expert) 24 January 2011
By amendment to section 4 of the Bombay Rent Act (inserting sub-section 1A after Section 4) in 1987 the provisions relating to standardization of rent were withdrawn for a period of five years to buildings constructed after the 1st October 1987 so that the landlord could recover a larger part of his investment in that period according to the rules of demand and supply.

DEFENSE ADVOCATE.-firmaction@g (Expert) 24 January 2011
But the ordinance has become law , so buy a current rent act.

Under Bombay rent act and all other similar acts all over the country back to back LL agreements have no legal significance.Once after eleven months is crossed after one year onwards the tenant becomes a legal tenant.

Ravindra Joshi (Querist) 27 January 2011
Dear esteemed legal professional, thanks for the feedback.

Dear Vishal,
Don't you think that the clause is unnecessary in a L&L agreement in view of the fact that the agreement is for L&L and not for rent / tenancy?

Dear Shashikumar,
Does that mean that the concept of L&L is not recognized in India / Gujarat? At least stamp duty law and Marahshtra Rent Control expressly recognizes that. I do not know whether Gujarat has a separate provisions under Bombay Rent Act? What if I keep a gap of one week between two consecutive L&L agreement?

Regards
Ravi