Perpetual lease
Faiz
(Querist) 08 May 2013
This query is : Resolved
Can a person holding property under a registered Perpetual Lease be evicted by his landlord / owner? How?
or
Does any right remain with the lessor after he executes a perpetual lease?
Please note that it is a "Perpetual Lease" (permanent lease)and NOT 99 years. No duration is specified in the document, but it says that lease is forever.
Devajyoti Barman
(Expert) 08 May 2013
Perpetual lease in legal parlance is equivalent to sale and after its execution the lessor looses all his rights over it.
Faiz
(Querist) 08 May 2013
ok, then what is the difference between Sale deed & perpetual lease? why two modes / names?
R.K Nanda
(Expert) 08 May 2013
state real facts.
Faiz
(Querist) 08 May 2013
ok, the facts are:
40 years back my father had executed a registered permanent lease of a house to somebody after receiving a premium.
Tenant was allowed to use the property 'forever', generation after generation. Annual rent was fixed one rupee per year. The deed also says if rent is not paid tenant would be evicted from the property.
He never paid any rent to me.
Also the tenant made few shops in the house, made commercial.(though in the deed he is not restricted to make shops, BUT the lease is clearly for a 'house'
So, can i seek eviction on the grounds of of non-payment & change of user?
RAJU O.F.,
(Expert) 09 May 2013
If there was stipulation for payment of rent and if you can prove that the said rent has not been paid, the lessee can be evicted through court.
