deepakpandit 12 December 2015

Termination of registered lease deed

My Mom has executed a registered lease deed of our commercial property for 16 years. As per the agreement, the premises was sublet by the lessee to 3rd party. The 3rd party isn't paying the rent to the lessee and they are engaged in legal dispute over rent. Due to unavalability of funds, the lessee has stopped paying rent to us since 1 year. As per the agreement, the cancellation of registered lease deed can be executed if rent is not paid to us for 4 months. We have already sent a notice followed by eviction suit to the lessee. Please advice how we can proceed with taking the possession of our property and cancel the registered lease deed. Our calls to lessee are going unanswered, so can the execution of termination of registered deed be done without the presence of lessee. Please shed some light on how to proceed. Thank you.

Reply Follow

3 Replies

Anand Bali Adv. (Advocate Solicitor & Consultant) 13 December 2015

Yes you can do it.

Sub lessee is all the same liable for his deeds as to lessee and the Lessor as to ultimate. All the acts of Sub lessee make bound the Lessee against the Lessor. The principle behind is that no one can pass a better title than what he him self has. Thus Eviction suit order can be executed against the sub lessee.

For further you can discuss directly on phone or by a personal meeting with me.

T. Kalaiselvan, Advocate (Advocate) 23 December 2015

Since you have filed the eviction suit before a court of law you may have to wait for the outcome of the court. If the court decrees in your favor, you may fie an execution petition to evict the lessee and take vacant possession, if need be by taking the help of police.