quesFailed to pay the rent and evict the premises.

My grandfather had given 1500 sq.yds vacant site to the lessee to run movie theater business for a period of 50 years at the rate of rs.300 rent through the period under a registered lease agreement. At the end of the lease period the lessee has to vacate the premises taking all the movable properties such as projector, fans , tubes chairs etc. now the lease period closes by 2015 October. The present state is that the leases has closed the theater business and just given the canteen to a bar and restaurant. And for last 10 months not paying the rent. As per our registered lease agreement if lessee fails to pay rent for 6 months we can occupy.

Please advice how to proceed as he failed to pay rents and also sublet the premises. As Ours is a joint family we badly need the property as we want to sell and our share of money. being a grandson along with other other grandsons what best step we can can take against the lessee please advice.

  • ansSince there is a forfeiture clause in the lease on non-payment of rent for a specific period you can seek possession. But in this case the court can direct the lessee to pay the arrears instead of eviction orders. You can recover the rent through a recovery suit as well. Since he has sublet the premises without your consent and if that is forbidden in the lease you can file suit for possession. Lastly you have a right to repossess after the lease expires as said in 2015.

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Landlord/Tenant Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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