1. I was a Managing Director in a pvt. Ltd. Company. That company bought machinery worth 50 lacs , housed in a godown.. I signed the 1st lease deed binding the company. There was a fight with co-director, I had to transfer my shares, without consideration., on death threats. Matter came to court. Cognizance taken,. 2. In the meanwhhile. The lessor forced me to do a temporary lease deed ( 2nd deed ) till the fight is over. I had to yield, or otherwise, the costly machinery would have damaged by lessor . I signed in the interest of the company. I could not sign on behalf of the company, since, I am no longer its MD 3. The machinery is still housed there, after 3 years. The company declaring its title over the machinery in its balance sheet, did not pay rent. 4. the lessor put a suit on me suppressing the facts., for rent and possession.; she is in collusion with the present directors, who are using the company as a façade. I put an application to implead the company, since it is proper party. I neither have possession ( keys are with the company) nor entitled to pay 5. the court told me , no care taker capacity at all; tiltle of machiney not relevant. Etc .rejected impleadment. 6. High court did not see the logic of substance over form : or my caretaker capacity, or that the natural justice, expects the machinery owner to be heard. 7. Supreme court said , don’t worry suit fails, if you are not the tenant. 8. here: defacto tenant is the company, claiming ownership of machinery. Mere temporary lease deed is in my name; 9. my advct is not able to help. He says , I cant claim lien over machinery also. I cant sell the machinery ;The lessor advocate is extra influential. A; How to press my care taker capacity, to avoid a decree on me. B : How to bring the company on record, to make it pay the rent and give possession ?
1. See you can plead before court based.on facts and circumstance but since.that.time you were not.dorector and signed in personal capacity it shall be really.difficult to associate with the company.As there was no.role or interest in.the company.
2. Sir.application is already rejected now they cannot be impleaded though you can claim rent from company as de facto possession is with then for recovering rent.
Hi,
You may file appeal against dismissal of your application. If not, file reply and counter claim specifying your position and putting burden on company & its present directors and the lesser.
1) you could not have signed 2nd lease deed as you were no longer MD or director of company
2)company is not bound by 2nd lease deed
3) you would be liable to pay rent as you had signed 2 Nd lease deed
4) your application for impleading company as party should have been allowed as goods are in possession of company
5) if rent is not paid lessor can take possession of machinery
6) it is necessary to peruse order passed by high court to advice
If you had signed 2nd deed then you are liable to pay rent as per agreement deed.
After court orders only landlord can take possession of machinerys..
Dear Sir,
If any thing is decreed against you then you can file suit against the company and recover the amount and compensation as you may desire. Let the Court give its own findings on issue.
If the courts have rejected your plea to implead the company as a necessary party to this suit, you dont waste time on it.
Since you are no more connected or related to the company in any manner neither you hold any post in the company, you may not be obliged to pay the rent or meet the demands of the lessor if the company is the tenant.
Hence, let she recover the same from company or get it ejected if she considers that the company is not a tenant and let she auction sell the machinery to recover her dues as per law.
There is no use in pressing your care taker capacity before court when you are no where in the company.
Since the lessor is claiming the machinery to be yours and not the company's, let the company defend its interests and not you.
Dear Client,
Since the first lease deed was not revoked , second lease deed with you is not valid, on this note only, you are not liable to pay any rent.
Secondly, bill of purchase of machinery is relevant document, must be in company name, so this will prove your care taker capacity on behalf of company and not the owner.
Thirdly, if any rent payable than same shall be recover by selling machine as lease was executed to house machine which is of company`s property and company never objected the lease.
can you please tell me where the law is laid down that , when the first lease is not revoked means ( POSSESSION NOT AT ALL HANDED OVER BACK TO LESSOR ) , there cannot be a valid second lease deed. or any decision / citation on the point ? that will be a big relief for me..
lease deed is for period mentioned in agreement for lease
2) during period of lease lessor cannot lease land to third party
3) in your case lease was between owner as lessor and company as lessee
4) unless lease was termainted lessor could not have leased land to you
You can only claim damages against the said plantiff on wrong prosecution. The suit will not stand against you
See there is no specific law in that but if the first contract valid then you can contest on that ground.
It is simple logic that without the previous lease deed is not terminated how can there be another lease on the same property, you mean to say that there will be two lessees for the same property?