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Adv.Husain (Advocate)     03 July 2010

leese deed query attention attorneys

there was leese agreement between a bank and my client was always prompt in paying rent and used to pay rent agreement expired on sept 2007 ...... leesor was unaware of this fact and was in belief that agreement
still in he realize that lease agreement was expired two years back..... meanwhile leese (bank) in 2009 increase
the said amount or rent to some extent.... which was accepted by landlord ..... and landlord even gave reciepts which he accepted
from bank in (CHEQUE's)..... now the main part..

landlord wants to evict bank.... myself drafted notice to bank stating bonafied requirnment.... as landlord is old...has one son....landlord
is senior citizen ... medically not fit... requires premises for personal bonafied use as premise is on 1st floor.... used to accept amount
as from you as no other source of income available before.... and bank was also aware of unfit condition of landlord  which was communicated by
bank itself....leese deed contained a eviction/ renewal clause which contained renewal must be in writting.... one month prior intention must be
communicated..... will be for further 3 years....

notified to vacate premise on unauthorised occupancy .... bonafied requirnment..... lapse of contract..... humanitarian grounds were not
considered by bank on several oral communication as landlord not medically fit hence compensation of 2.5 lac demanded....

now reply by bank..... bank has sent rent (increased)  accordingly and without failure.... hence no default ..... rent accepted by landlord...
called landlord many times for lease agreement but landlord failed...(but not in writting)

now i need

1...citation in my favour (landlord)

2...any more ideas

3... bank's in maharashtra are not governed by Mah rent control act so under which act should i file case
     m thinkin of transfer of property act...specific performance act..

plz help


 1 Replies

Dhawal Bhandari (ADVOCATE)     03 July 2010

-post deleted--

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