Upgrad LLM

need expert advice on unregistered lease


Dear Sirs,

How long it can take to evict private limited company tenant after service of a legal notice u/s106 of T P Act, lease for commercial purpose 10 years not registered, and lessor is accepting rent from past 3 years, now company not paying rent from 2 months. Rajasthan rent control act 2001 does not apply in this case. A genuine personal necessity ground can help? Lessor not able to climb the stairs can offer the tenant exchange the first floor with rented ground floor, if area is same or bigger?

 Any experience lawyer from Rajasthan can handle this case?

Kindly guide.

 

 
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ADVISOR

Registered or Non registered you would have to undergo the same procedure.Personal advice is that if you actually require the entire  premises then file a suit and it would take its own course minimum 20 years as the tenant would also contest up to Supreme Court.

So far as climbing up the stairs is only the problem then better course would be to sort it out amicably with the tenant PVT LTD CO and you can derive following benefits;

1.Lift could be installed at the expense of the tenant

2.You can bargain for a fair increase in rent.

3.You in this case enter with the tenant into a fresh lease and get that registered for a fixed term and if possible add a clause that the tenant would hadover the possession on such date .

 

 
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Software Engineer

Hi ,

Don't afraid . As you come under T.P act jsut issue a notice for vacating entire property.

A Gupta old it won't take 20 years. You can get your property back with in 2 to 3 years.

Recently in A.P, One of the famous business person( having more than 1000 crores of property)  didn't vacate the property after expiry of agreement. That landlord has filed a suit against that business person won the case in max in 3 years in Highcourt.

Fight for your right . You will definitely win the case.

All the best.

Thanks,

 
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Thank you Gupta and Jagadesh sir,

How can oblige the lessee to sign another lease if not even paying rent? How can we force them to increase the rent as the agreement has been signed and executed?  

lessee company will not agree to pay the expenses for lift or another which benefit to the lessor, as they feel that they are the owner of the premises the owner. Any other thing can be done expect filing the suit in court?

 
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ADVISOR

There is no other way except filing the suit if the company is in no mood to talk.

It appears you are hiding some fact or you yourself are tenant.

In which city of Rajasthan are you residing ?

 
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NO SIR …I AM NOT THE TENEANT; I am a foolish landlord who invested whole life saving in property & signed the lease agreement without thinking of the possible consequence of the same.

 
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ADVISOR

send a scanned copy of the lease deed and also copy of correspondence ,if any.

 
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the case is of jodhpur city ,do u stay inany near by place?

 
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ADVISOR

In Jodhpur there are good advocates and you might be in consultations with a few.What is their advice.

Iam residing at AJMER

 
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Software Engineer

Please goahead and file the suit for the eviction with the clause : as you need the building for your own perpose.

Don't  feel bad of incident happened. You will get your entire property back in 2 years. As you have strong points thay will come down for nagotiations in case if you want to continue them.

All the best.

 

 

 


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