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legal remedy for lessee

a certain property has been taken on lease for a period of 14 years from the owner. after the lapse of lease, the agreement has not been renewed but the lessor did not insist for surrender of the propery. the lessee continued to be in possession for nearly 30 years, paid all taxes on the same and was carrying on a business in the same. thereafter, the lessee sub-let it to 'x' for 25 years. the sub-lessee paid rent for sometime and then started commiting default. in the meantime, the original owner and sub-lessee collided and without notice to the lessee got the property sold to the sub-lessee. what are the rights of the lessee in the instant situation?


 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     15 May 2009

If the lease agreement is not regd., lessee has no case.  Whether there is any conditions in the lease deed regarding sub lease it is to be looked into.  When there is nothing in the sub lease and the lease deed is not regd., lessee cannot do anything.

If lesee was in the possession of the property he could have been claimed adverse possession.

a.manoharan (Advocate 94431 45884 advocatemanoharan@gmail.com)     16 May 2009

Dear Medam,

            Mr.Rajiv Vadrali's view is almost right. As per Registration Act, the period of more than one year is to be registered. Otherwise, it can not be marked in the court as exihibit.  If the lease agreement is not regd.  there is no use of  any condition  regarding sub lease  to be looked into. Further, as per your words ,  the lessee continued to be in possession for nearly 30 years. To claim adverse possession , he should have paid all taxes on the same in his name to prove possession. Thereafter, the lessee sub-let it to 'x' for 25 years. Hence, in whose name, all taxes on the same were paid subsequently ? Either Lessee's or Sub-Lessee's name ? If all taxes paid by  sub-lessee in his name , even he can claime  adverse possession against all.

umer ali   24 December 2023

One aspect that particularly caught my attention was the discussion on legal remedies for lessees. It's reassuring to know that there are mechanisms in place to protect tenants in case things go south. Your breakdown of the various remedies, such as repairs, habitability, and security deposits, provided a comprehensive overview that clarified some uncertainties I had.


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