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Property on Rent

(Querist) 13 March 2011 This query is : Resolved 
GF property given on lease to Public Bank for 10 years at same constant rent. After expiry of lease Bank refused ti raise the rent and did not sign a fresh lease. Owners petitioned Court and rent increased. Bank appeal to this order was rejected, and ordered to pay revised rent and arrears into the accounts of the owners.Bank has refused to do so paying at the original rate minus the revision, though 20 years of revised rate is due.Delaying tactics and their financial strength to fight a long court battle and taking advantage of the age and economics of the owners is the Bank tactic. Now they say that a lease must be signed for a period of 10+5 years at the rate decided by the Court or they will not pay this or the interest on the accumulated rent due, on their terms. Please advise. Vijay Chandra
Devajyoti Barman (Expert) 13 March 2011
I fail to understand how the financial might of the bank could restrain the landlord from challenging an order of the court before a higher court. In stead of blaming the financial strength of the Bank file a suit for eviction against it and then see how it works to your advantage.
Jitendar Kumar gupta (Expert) 13 March 2011

the bank can not raise the terms and conditions for the rate of the rent. File an execution in the court for the arrears of rent as well as for the possession of the premises. for further information contact 9868529732
Raj Kumar Makkad (Expert) 13 March 2011
Serve the bank with a notice that you require building for your own use and thus want to get it vacated within a given period and then file eviction petition-cum-execution petition means eviction along-with all pending arrears with interest etc. as awarded by court.
Kiran Kumar (Expert) 13 March 2011
the bank can not dictate terms to you.

you have certain options to avail

you may file execution application to get the court orders executed.

you may file an eviction petition to get rid of bank

you may file suit for mense profits as in the absence of any lease agreement you are loosing a lot of money which you could have generated by leasing the property to some other tenant.

the findings are against the bank, you have upper hand
Kartik Sehgal (Querist) 16 March 2011
Thank you Sir's for your kind and informative reply
Kartik


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