Can an unregistered lease deed can be termed forced payment rental?

583 votes

Sir,
Regarding your two queries,I need to peruse the contractual document in depth before i can provide some concrete solutions. But still i am trying for some pwrmutation, combinations,
Regarding your query no. 1
1.First thing u need to look for any arbitration clause, if there is an arbitration clause, the whole matter will referred to an arbitrator. Then u need to first issue a Sec 21 notice to intitiate the proceeding.
2. Evry contract has obligations and reaponsibilties of both the sides, you have to prove your case, that you have performed your obligations successfully and it because of the laches of the other side tbat the co tract became futile.
Please note that the change in co tract which u referred, (also called novation), was that mutually decided, what type of changes, was a subsequent aggrement made or the changes were only though correspondences.
So whether you can be forced to pay the rent or not is a question of fact and not law. So need to know the facts. But yes, if i consider that because of their fault, the agreement failed, an injunction can be prayed for against them, restraining them from making unjust demands.

Your query no. 2
Even if the lease agreement is not registered but if its admitted by bothe parties, then it shall have a binding effect in you. Well, one advantage and disadvantage if its not registered then, facts can be twisted and said that the contract was executed under duress etc. But if you have acted upon such agreement and if you executed the terms of the contract then it will surely have a binding effect in you irrespective of the fact that its registered or unregistered.
For any firther assistance get in touch, the contact details must be available in the app. The advice provided is just an overview, if tou ate really interested in initiate legal proceeding, we can sit and strategise and give you the best available relief.

Advocate Debangshu Dinda LawRato

918 votes

MY OPINION THAT if the lease agreement have any condition impose with some terms & conditions with the public sector undertaking ,there is no such court ruling /rulings, but the locus of lease agreement is very important.

Advocate Ranabir Banerjee LawRato

872 votes

If you buy a Train Ticket and not cancel. Then the Presumption is you travel the Train. But actually you may or may not travel the Train. Once the Agreement has signed in between the parties, and start its operation, then the question of Registration and non-Registration does not take any defence at all. Now for your Case, you should read the Clauses of lease carefully and you will see the Answer of your Case. Otherwise, better to discuss it directly with an Advocate after showing your Lease Deed.

Advocate Sanjoy Acharjee LawRato