Suresh Kumar Mergu
in Property Law Civil Law
Asked May 22, 2017

Demand to vacate while lease is valid

  • 2 Answers
  • 322 Views

I had purchased a land from State financial corporation in 1997 and I had registered the same to my uncle from him I had taken the same property for lease for 20 years. The lease is registered and it will be completed by next year. as of now, as the land value had increased and disputes arose in the family, they are pressuring me to vacate the same without the completion of the lease. I need the same premises for 5 more years as I have to shift the same machinery or infrastructure to another place which takes much time. I had paid the lease amount till 2013. Actual lease amount as per document is only 500.00 but I am paying 8800.00 every month as on date. Can you suggest any for my above problem. 

Answers 2

Immediately approach the Civil Court and get stay order. The chances are 50:50.

Agree Comment 0 Agrees over 4 years ago

If you have a valid lease agreement, then you can’t be evicted from the lease property till the expiry of the same. You can file a suit of injunction under Rule 3 of Order XXXIX of the Code of Civil Procedure that gives the court the power to give a temporary interim injunction.

If you want to apply for permanent injunction, then you should do the same under Sub-section (3) of Section 38 of Specific Relief Act. Also according to the Hon'ble Supreme Court, the Court has powers u/s.151 of Civil Procedure Code to issue an injunction in cases not falling within Order XXXIX Rule 1 and 2; however that is a discretionary power of the court.

 

Agree Comment 0 Agrees over 4 years ago

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