Validity of lease agreement legal proceedure to vacate 30 yrs tenant


I am Hindu.We are 4 brothers. 2 brothers executed anunregistered lease agreement to a tenant in 1993,96,99 when my partition suit was pending in lower court. Due to unfavour verdit I filed appeal in HC in 2000 attaining a permanent injunction. HC appeal still pending Since lease agreement was not renewed one brother filed RCOP in 2001 The tenant is commercially using building GF & FF and executed 3 different lease agreement with various dates for one and same building. Now he says he could not be evicted and threatening to move upto Supreme Court. My query is whether lease agreement is valid so that all legal heirs should sign lease agreement, registered and renewed after expiry or is there any possibility so that tenant can defend suit property by adverse possession?Advise

Answers (2)


256 votes

If your tenant has executed any lease deed at any point of time he cannot claim by adverse possession. If you want to evict him you have to move the rent controller court citing any grounds mentioned under rent control act. It is advisable to treat him as the lawful tenant who continuously occupying after the expiry of lease period and You could file suit for recovery of mesne profits from your brothers.


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164 votes

Dear friend as per your question and acording to rent control law you send notice for eviction your tenant because he is defaulter and also file suit for eviction before rent tribunal.

yes lease agreement is valid document and the signatures of the owner is sufficient and you dont need the signatures of all the legal heirs.

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