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prem kumar (business)     15 March 2011

Ejectment suit

Plaintiff filed an ejectment suit against partnership firm on 1998. Suit was held for couple of years and then case was compromised by executing an unregistered lease agreement including all the partners as a tenant. On 2004, partnership firm became as a proprietor firm. Landlord received rent under proprietor firm for 4 years. Now again plaintiff sent a letter mentioning the proprietor for vacating the premises and filed an ejectment suit under transfer of property act against partnership firm. Sending a letter (legal notice) as a proprietor and now  filing the suit against partnership firm saying as a partner including me... Can i take any defence in this case as a proprietor?



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 2 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     16 March 2011

Is there any new cause of action?

what is the term of the lease?

What is the reson for ejectment?

Jebaraj Jasper Jacob (Advocate)     16 March 2011

Yes, definetly because if a suit is filed for ejectment under the provisions of the Transfer of Property Act, then the notice issued by the land lord to the tenant should be comprehensive. If the notice issued under section 106 of T.P. Act is found to be defective it will definetly affect the case of the plaintiff.
 


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