Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Jagadesh N (Software Engineer)     28 April 2011

Transfer of Property Act

Hi All,

I have a commercial property which is given for rent  for supermarket. We have mada a registered agreement with tanent. This agreement is going to finish by 1-11-2012.  Monthly rent that he is paying is Rs.20,000 per month. 

We are planning to start our own business after 1-11-2012 (after end of lease agreement). We informed the same to tanent . My tanent rejected our request. He told not willing to vacate the property.

If he needs to vacate the property , we need to pay him 50lakhs of rupees as a ''goodwill''. Because he is running the supermarket since from 9 years and become the land mark for that area. As he needs to vacate the property he needs compensation as a 'Goodwill'' . 

Is it is really possible as per Law or he just wants to threatening us ?

Please clarify our dubt.

 

Thanks in advance.

 

 

 



Learning

 16 Replies

H. S. Thukral (Lawyer)     28 April 2011

 you have every right to get back your property. After the lease expires you can serve a notice to him under the TPA terminating the lease. donot succumb to blckmailing by the tenant.  

1 Like

Bhawani Mahapatra (Law Officer)     28 April 2011

Dear Jagedesh

Your lease agreement withf the tenant must have contain a exit/termination clause. Even if you dont terminate the agreement, it will expire on 01.11.2012. If both of you dont renew the same agreement, the tenant will be treated as treaspasser to your property. Still, you need to serve a notice stating your intention to the tenant through a registered letter (acknowledgement of which is necessary) much before the expiary of your agreement. The matter of good will does not arise here at all. Also dont tell them that you are going to start similar business there.

1 Like

Kiran Kumar (Lawyer)     28 April 2011

very well advised by both the counsels.

 

you have a right in your property, the tenant can not dictate terms to you....there could be a litigation but the landlord will have the final laugh, if the facts of your case are considered.

 

meet some local lawyer and analyse the contents of the agreement, if something goes agaisnt you on technical side still you can have access to local rent laws to get possession of the property for personal use.

1 Like

Jagadesh N (Software Engineer)     30 April 2011

Hi All,

Thanks for your reply.

I have few doubts.

1. As it is mentioned in above reply tanent will be treated as Treaspasser once we issue the lease terminantion notice. In that case can we file criminal case against tanent if he continue in the premises.

2. As it is Civil case some of our friends saying that may take long time in court to get the judgemnt. So is there is any procedure to speedup the process in court.

Please advice .

Thanks in advance.

 

 

H. S. Thukral (Lawyer)     30 April 2011

You can not file a criminal complaint and also can not evict him by force. You have to take recourse to law by filing suit for possession. 

1 Like

Jagadesh N (Software Engineer)     30 April 2011

Thank you for our reply.

In that case, in our India civil cases will take long time to solve the isue. So these delays can become advantage for tanent.

Also tanent can intensionally stretch the case for very long period of time. Some times it may take 3 to 4 years also to get the final judgement .  So indirectly that will benifit the tenent.

So is there is any precautionary steps we can take to get judgement fast.

Thanks

H. S. Thukral (Lawyer)     30 April 2011

After you terminate the lease the status of the tenant is that of an unauthorised occupant and he is liable to pay damages at the market value of rent thereafter. But when you file a suit, you must plead for mesne profits/damages.

Usually cases under the TPA  take lesser time to resolve. It depends upon the defence of the tenant. 

Jagadesh N (Software Engineer)     04 May 2011

Thank you sir.

After you terminate the lease, if we reject to take the rent from tanent, he will pay the rent in court.

Some of the friends are telling , if we won't take the rent from court then judgement will come fast.

Is it really true ?

Please advice.

 

Thanks,

 

 

Jagadesh N (Software Engineer)     05 May 2011

Waiting for your reply.

 

Can you please advice about my above query

H. S. Thukral (Lawyer)     09 May 2011

It shall not affect the proceedins. Howver if the tenant does pay despite the order his defence may be sruck of.

Jagadesh N (Software Engineer)     10 May 2011

Hellow sir,

From your reply what I undesrstood, there is no much differance between Tanent by sufferance or tanent by hold over .  So in both cases judgement will take same time.

One more thing:  As u suggested we can demand rent from tanent as per market value after termination of agreement .

So is there is any method to decide the market value by court. 

If court agrees to ask tanent to pay rent as per market value it will be very good. Because tanent is paying very less rent when comapred to maket value.

Please advice how to get the rent from tenent as per market value through court after termintation of agreement.

 

Thanks,

 

 

 

 

 

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     10 May 2011

You can not demand market rent , do not be illusion whatver be the advice.

Jagadesh N (Software Engineer)     10 May 2011

Hi,

if  we can not demand for market rate, pls let me know generally how long it will take to get our property back from tanent in case of  transfer of property act.

Thanks,

Jagadesh N

Jagadesh N (Software Engineer)     16 May 2011

Hi All,

 

Recently supreme court has given below judgement.

 

Tenant to enjoy immunity from being evicted for 5 years: SC 

The Supreme Court on Friday said the landlord cannot evict tenant for at least five years if he is paid rent regularly as per the agreement between the parties.

 

Will it applicable to T.P. Act 106 as well ?

 

Waiting for your reply.


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