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ashok kumar (Social Worker)     09 December 2014

Handing over the possession of the premises by a firm tenant

Handing over the possession of the premises by a firm Tenant

Tenant a partnership Firm of 2 partners give a Notice for eviction of the premises signed by both the partners. The notice says that the demised premises shall be vacated on a particular date and the tenant will have no relationship with the said premises after 5.00 PM on that date.

 

On the agreed date can the landlord take possession of the premises and give a receipt of the possession to any one of the partners mentioning the reference of the notice signed by both the partners or it is mandatory for both the partners to be present while handing over of the premises.

 

The tenant (the firm) owes certain sums to the landlord as arrears of rent and other sums advanced as loan by the landlord to the tenant. The partner handing over the possession gives it in writing to adjust the value of some of these items towards the debt due by the firm to the landlord. Is this binding on the  other partner?



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