cpc

Unregistered lease- duration

This query is : Resolved 
 

(Querist)
13 August 2020

Hello,
Back in 1947, an open piece of land (plot) given on monthly rent, through an 'unregistered' documents (lease/rent note). The document doesnt specify any duration of lease period.but permits the tenant to construct his house, which he did.

Last year, when notice u/s 106 was served, he paid the rent i.e. accepts himself as a tenant of the original landlord's grandson..

Now,
- What is the duration of such a lease in the eye of law? Some citations would be much appreciated.

- Can the landlord get a standard fixed under the provisions of U.P. rent control act?

Thanks
Quadir


Dr J C Vashista (Expert)
14 August 2020

It is month to month basis till final handing over possession of leased plot to landlord.
How a lessee can construct house on leased property without consent of landlord ?

Dr J C Vashista (Expert)
14 August 2020

What was the landlord doing for the last 73 years qua fixation of rent, possession of leased property and his status in the absence of registered lease deed as required u/s 17(2) of the Registration Act, 1908 ?

Rajendra K Goyal (Expert)
14 August 2020

Local law apply better discuss with local lawyer.

Whether the premises need to be vacated or standard rent need to be fixed?

P. Venu (Expert)
18 August 2020

You had posted very same query sometime back at https://www.lawyersclubindia.com/experts/revenue-court-of-civil-court--718891.asp and I had sought the following information on 20th May:

"Is the annual rent, as specified, is still being paid to the erstwhile Zamindar or his successors? If not, since when the payment has been discontinued? Has the property been assessed to land revenue? How is the property recorded in the revenue/municipal records? Who is holding the land as per those records?"

But you had avoided furnishing the information. The present posting has same facts with some modifications.


Rajendra K Goyal (Expert)
19 August 2020

Please provide martial facts to form an opinion and hence, give advice.



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