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suresh (LOGISTICS)     22 January 2010

Rental Lease Deed

Dear Sir,

I have running a shope in a rented shop , and have lease agreement for 3 yrs  for rental of Rs.8000/- per month for three years . but now the Land Owner insists us to pay 25000/- per month as rent.  now he has broken the agreement, we refuse to pay 25000/- and we supposed to pay the actual rent to Court . we got stay in court and now paying the rent in court.

 

my question is

Who is the responsible legal person ( if there is 3 persons have share in land)to sign the Lease Deed?

Whether the Land Owner can cancel the agreement  alone?

 



 3 Replies

A V Vishal (Advocate)     22 January 2010

Who is the responsible legal person ( if there is 3 persons have share in land)to sign the Lease Deed?

Ans.Your query is unclear, give complete details.

Whether the Land Owner can cancel the agreement  alone?

 Ans. No, unless there is breach of any conditions in the lease agreement.

sanjeev gupta (Advocate)     23 January 2010

First see the terms and contions of your lease agreement if there is any option for cancel the lease agreement on that case landlord can serve notice to you for vacant the shop before expiry the lease period.

Parthasarathi Loganathan (Advocate)     24 January 2010

Any Lease agreement can be extinguished only with the consent of the parties to the lease.  It can also be revoked if there is breach in the conditions of  lease before the expiry of lease period.  In your case, I presume that there are three owners to the property in question and lease agreement has been signed by only one party. If it is so, your stay in the court can be vacated and the lease agreement made null and void abinitio.  However, it has to be ascertained and proved to the court that the person who executed the lease agreement as lessor has been legally entrusted any authority by other stake holders to the property to sign on their behalf.  Then unless,after giving a reasonable notice to the notice about any breach to the lease agreement is proved to the court, the lease agreement cannot be cancelled unilaterally by the land owner.



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