(Querist) 20 March 2008
This query is : Resolved
Hi all. I am Gururaj, I am the owner of a premises situated at Hyderabad, and I let out the same in the year 2001 to one Trinetra supermarket pvt ltd co.,under a registered lease deed for a period of 10 years,and as per clause 14 of lease deed the lessee is at liberty to hand over the business to any of its associates who are in similar business and that the lessors shall not make any objections or hindrances for the same, but the said Trinetra supermarket continued its business for seven years and all of a sudden it sold entire business to one "MORE SUPER MARKET Company" without intimation to lessor,now I want to Know what is the locus standi of the More supermarket co,.to continue its business under the earliar lease agreement and can it be possible to terminate the lease before expiry period? and further what I need to do to safe guard my interest as lessor, please help me its very urgent.
(Expert) 21 March 2008
As per your e-mail, you mentioned that there is a clause regarding 'lessee at liberty to hand over the business to any of its associates who are in similar business' and by this clause they have restricted your (i.e., Lessor's right to raise any objections). You are advised to go through the entire agreement once again and look for any points which are in favour of you. In my view, you can raise objection on the ground that at the time of your lease agreement (2001), the MORE SUPER MARKET CO., was not an associate of Trinetra, hence they are not entitled to tranfer their lease-hold rights. It's better to show the lease agreement to an advocate at your town and obtain his opinion on it. Since the matter seems to be of a serious one, it's better to send a legal notice to both the companies and also to obtain an 'Injunction' against them.
(Querist) 21 March 2008
Thank u Mr.Sivasubramanian sir, but the problem is that at present The Trinetra superMarket pvt ltd company is not in existance, If i have to issue legal notice to whom I have to issue, and one more thing I have to clarify is that whether the lease agreement enterd by me with said trinetra is binding on "More company, and in the absence trinetra particulars, and whereabouts is it possible me to terminate the lease agreement with "More co.,, Kindly advice me.
(Expert) 03 April 2009
If there is a specif clause not to sub-lease in your deed .. then you can opt for eviction of the premises ..
(Expert) 03 April 2009
can u post copy of the deed here ?
(Expert) 06 April 2009
Thanks all of you the ld. members.