Specific Perfopmance

amit kumar choubey (Querist) 14 February 2009 This query is : Resolved
Respected All,

My query is based on Three Points, Please advise-
1. I entered into a unregistered lease agreement and that agreement came to an end on Dec31 2008. But there was a clause" that lease deed shall be renewed if lessee desires, on mutually agreed term.
2.I want to file a suit praying the court to direct the lessor under specific performance Act.
3. Can unregistered lease deed be admitted as an evidence.
Pls provide any supreme court decision
covering all three points.
Waiting for your reply. its urgent.

Regards,

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Kiran Kumar (Expert) 15 February 2009
unregistered lease deed is not admisible in evidence.

secondly how can u enforce such a document by specific performance when after the expiry of lease period ur status is nothing less than that of a tresspasser.

Sushil Kumar Bhatia (Expert) 15 February 2009
Dear,
The expired lease deed is not covered under specific releif Act ,when the lease is expired the contract concluded ,possession of lessee became illegal, but lessee cannot be evicted by force

AEJAZ AHMED (Expert) 15 February 2009
DEAR AMIT,

Could you please provide further info in detail about the Cluase of Termination OR Extention.

(i) What are the conditions included in that cluases, regarding procedure for termination and about Procedure for Extention/Renewal of Lease.

(ii) And mostly, What is the Lease Agreement in question saying about "NOTICES" or Notice Period, either for Termination or Extention/Renewal of Lease.

So, as per me, the above details can help us to suggest and guide you correctly.

Manish Singh (Expert) 16 February 2009
yeah Mr. Aejaz is right. there must be some notice period under which you could have availed your right for renewal of the lease. after expiry of the same, no liabilty arises.