Entered into lease deed while injunction (status quo) on property
Rajpal Sharma
(Querist) 01 October 2013
This query is : Resolved
Gud Morning Everyone!!!
I have entered into a Lease deed for 9 Years. The Lease deed is registered and properly stamped. I am planning to open my shop in Navratras.
Now, I came to know that there is an Injunction (status Quo) on the property w.e.f. 2010 on alienation of the property. However, the landlord is saying that two or three tenants have been changed from the date of injunction and there is no issue if you open your shop.
I think, my registered lease deed is not legally enforceable and if I open the shop, i may be penalise for contempt of court.
Please suggest.
Thanks
Rajpal Sharma
Isaac Gabriel
(Expert) 02 October 2013
Sale deed is subject to the outcome of the suit.
Rajpal Sharma
(Querist) 08 October 2013
Sir,
I didn't get your answer. I have entered into a registered lease deed for a term of 9 years. please suggest.
Thanks
Rajpal
Kundan Kr. Singh
(Expert) 09 October 2013
If Stay order passed by court on same lease premises then it is difficult for you.It is better to you obtain injunction order and discuss the matter with Advocate.
Rajpal Sharma
(Querist) 11 October 2013
Dear Mr. Singh
Many thanks for your advice.
Further, since Status quo was in force, would my lease deed with landlord be valid or not.
Thanks and Regards
Rajpal Sharma
Guest
(Expert) 11 October 2013
Depends upon whether the property was already under some lease or was lying vacant at the time when the stay was granted.
Rajpal Sharma
(Querist) 11 October 2013
Dear Mr. Dhingra
Thanks for your reply.
Request you to advice on both aspects.
Regards
Rajpal Sharma
ajay sethi
(Expert) 11 October 2013
status quo would imply no third party rights can be created on the property . landlord has no business in giving premises to you on lease for period of 9 years . it would be in contravention of court orders and landlord can be hauled up for contempt of court .
terminate your lease agreement with the lessor
Rajpal Sharma
(Querist) 11 October 2013
Dear Mr. Sethi
Thanks for your reply.
I need one clarification, would my lease be considered valid or void as I had entered into when status quo was in force.
Thanks & Regards
Rajpal Sharma
R.K Nanda
(Expert) 12 October 2013
NOTHING TO ADD MORE.
Guest
(Expert) 12 October 2013
You being a law officer, I can hope that you must be qualified LLB and can judge yourself whether in a status quo case any agreement is valid or void.
But I wonder, whether it is your own problem or you have misrepresented that to be your own problem, i.e., by having put your company's problem before the experts!
