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Lease agreement

(Querist) 19 April 2012 This query is : Resolved 
the RWA has leased a shop to a tenant for a period of 3 years for consideration. the lease agreement will be expiring on 30 apr 2012. the tenant is running a gym which is earning heavily for her and she has expressed her desire not to vacate the shop. in the lease agreement, a mutually agreeable arbitrator can be appointed to resolve disputes if any. my query is , can the rwa have the premises vacated on due date from the tenant and if so ,how. if not, what is the remedy to have the shop vacated earliest so that the next tendering action can be commenced
Nadeem Qureshi (Expert) 19 April 2012
Dear Querist
first of all what are the terms and condition in lease agreement? this is very important question,
Raj Kumar Makkad (Expert) 20 April 2012
RWA is not empowered to get the shop vacated prior to the lease period. It might have been better for RWA to issue notice under section 106 of Transfer of Property Act intimating the tenant to vacate and handover the vacant possession on 30April 2012 as lease is expiring on that day and no further extension shall be made.

Anyway, you may issue this notice even on today. It may also be cleared in the notice that if the tenant fails to vacate the shop on that day then his possession shall be treated as of illegal and accordingly a mesne profit to the tune of 10 times of ordinary rent/lease amount per month shall be recovered from him from the proper court of law.
Shonee Kapoor (Expert) 20 April 2012
I agree with ld. Makkad.


Shonee Kapoor
H. S. Thukral (Expert) 20 April 2012
An arbitrator can only be appointed to arbitrate the disputes arising out of the lease agreement. The dispute of handing over possession of the premises after the agreement comes to an end is not a dispute arising out of the agreement and hence can not be referred to an Arbitrator. You can file a civil suit for possession after 30-4-12. You don,t have to give notice under 106 TPA, if you communicate to her that the lease shall be expiring on the said date and she should hand over the vacant possession on 1/5/12

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