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B Sathish Kumar (Senior Manager - SDCI)     21 November 2010

Eternal Lease ?

We had leased a huge property in Mysore for commercial purpose, Karnataka, to one gentleman who unfortunately died while using this propery.

The lease agreement which came into being in 1970s was unregistered.

His relatives started using this property paying a mere Rs. 1500/- per month for decades. They started sub-leasing the area under question, much against the terms lease agreement.

There has been numerous cases filed by bith parties, which never concluded.

Last year, both parties came into an agreement in Karnataka High court (due to the insistence of the Honourable Judge FOR A FRIENDLY SETTLEMENT) that this property will be returned to the owner in next few months. All have signed and filed affidavits in the court agreeing for this settlement.

Will this agreement, duly mentioned in a high court order legally binding ? Will there be some other delaying tactics by the parties who are enjoying the property from pasr 50 years....

Can anyone throw some light on this kind of settlements ?

Regards 

 



Learning

 5 Replies


(Guest)

The affidavit will have a binding effect

Based on the affidavits the Hon'ble High court will passed order.

There will not be any delaying tactics.  Because it will amount to contempt of court.

In order to vacate the premises some time will be granted by high court.  That is only the thing.

Bobby Mani T (Lawyer)     17 December 2010

There will not be any further delaying tactics, because concent decree is not even appealable.  Hence the virdict of the court will be final and binding on both the parties.


(Guest)

2

mekala srinivas yadav (B.Com)     01 January 2011

dear sir..

i am Mekala Srinivas Yadav,  Advocate from hyderabad u hv mentioned that few sub leases are also existant pease make sure they (in sub leases or in any way in positioin ) are also parties to the case and in case if so make sure that thbe order of Hon'ble High Court is interpretted in the way convinent ...most important make sure teh police jurisdiction DCP is also party to ensurethe clear implementation of the orders .

                                                                                                  regards.

                                                                                               Mekala Srinivas Yadav

                                                                                                 Advocate :  srinivasyadav@yahoo.com

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     01 January 2011

Yes Mr Yadav has put correct position , unless the sub lease holders are not made parties the affadavit has no legal value.

Sub lease holders can oppose any order legally.


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