Termination of tenancy valid

CA DINESH KUMAR OSTWAL (Querist) 12 January 2009 This query is : Resolved
A tenant is lessee of land and owner of structure over the land. Landlord terminated tenancy of structure only. whether the termination of tenancy is legal ?

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PALNITKAR V.V. (Expert) 14 January 2009
If the tenancy of the land and structure are independant, then termination of tenancy of structure would be legal. But your query indicates that the tenant is owner of the structure. If tenant if owner where is the question of termination of tenancy of the structure. If the land is given on lease and tenant is allowed to contruct over it at his own expenses, then there should be some clause in the agreement as to what should be done of the structure in the case of termination of tenancy of the land. The case would be governed according to that clause.

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