Eviction from leased perpetuity

Anil Kumar (Querist) 18 February 2012 This query is : Resolved
My father(lessee) entered into a Lease Agreement for taking a shop on lease in 1982 .This agreement was entered into through a Rs.2 stamp paper and was not registered. The salient points of this agreement are following ;

1. Rent of Rs.240/- per month.
2. Deposit of Rs.4000/-,which will be returned whenever lessee vacates the shop.
3. Landlord will not ask for vacation of shop.The lessee can on his own vacate the shop but can not sub-let to others.
4. This agreement was signed by lessor and lessee in presence of 2 witnesses.
5. All expenses relating to shop shall be borne by the lessee.

Although there's no mention of increase in rent in agreement but rent has been increased by 10% after every 3 years.

Now the son of deceased lessor is asking us to either vacate the shop or to pay rent based on market price,which is around Rs.10000/-per month.

My father runs a general provision store and paying Rs.10000/- will affect our household budget adversely.

Please suggest what should we do?

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Sankaranarayanan (Expert) 19 February 2012
As u told it was made in 1982. What is the perod. Mentioned in that.

Kiran Kumar (Expert) 19 February 2012
it was a perpetual lease and not registered and also for more than Rs.100/-

it should have been registered...so the conditions are not binding upon the landlord.

eviction process may take some time but it will let your loose some good money.

better compromise the matter with landlord.