Lease in court files. Landlord sends notice to vacate. What to do?


We have a shop in Delhi from last 36 years where we are tenants and we have a lease document for 99 years which was between my father and the landlord. Both of them died post which the landlord's son filed a case for binaries need on us but we submitted a proof that he is working on a good package and he withdrew the case two years back.

The said lease is not registered and it is made on a plain paper with revenue stamp and two witness signatures out of which one is alive. We put the lease in court file in Jan 2011-May 2014. Now the landlord sends us another notice to vacate the shop for his need.

What should we do?

Answers (1)


169 votes

No, you cannot rely on the lease deed as firstly it is virtually a sale deed and moreover, any lease deed beyond the period of 11 months is required to be registered as per law. But your lease deed is not registered and therefore it shall be inadmissible in the Court of law. 

You are at best month to month tenant and if your rent is less than 3500 then you shall be governed by the Rent Control Act otherwise under Transfer of property Act.


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