Hello,
I had provided a token of Rs. 10,000 to the owner for 2bhk flat on rental basis on 25th Jan 2021 via Imps. We both agreed to the term of leave and license agreement for a term of 11 months from 1st March 2021 to 28th Feb 2022.
Later, he sends me the draft agreement for a term starting from 15th March 2021 to 14th March 2022. He did this without even taking our consent on 25th February 2021 telling me to take the possession from 15th March. We had already made all the arrangements for shifting so I had already paid for 1st March.
Now we are not willing to enter this leave and license agreement as he is not keeping his promise. So, I asked him to refund the token money. He is denying to refund. What can be done please guide.
Thank you.
Hello!
Leave and license agreements are governed under Section 52 Indian Easement Act, 1882. It lays down all the provisions and clauses that have to be put into the agreement. It should contain the term of the agreement, an advance that had to be paid, rent money etc. Before the transferred property takes place both the parties come to an agreement that is signed and registered after which the lease term commences.
The agreement also mentions the changes that can be brought into the agreement and both parties consent to it. If any party changes the terms without the knowledge of the other, then such agreement cannot be enforceable and the aggrieved party has the right to terminate the agreement and claim back any advances. He can approach the court by applying the defendant party either for damages to recover any compensation or ask for specific performance where the court directs the other party to perform his part of the agreement. The course of remedy usually depends on the terms of the agreement.
Best Regards,
Vasundhara Singh
Law Student
