• Leased property related

Dear Sir/Madam,
My father has a property which he has given to a Network Company to established a mobile network tower with a Lease agreement of 15 years and monthly rent of 5500/-. now for last 2 years company has shut down their business and not paying the rent. we have tried to contact the local representative for our queries but he is also unaware about the situation.
now my query is what kind of action I can take against the company. please assist.

Thanks & Regards,
Pintu Ghosh
Asked 3 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

11 Answers

You can terminate lease for non payment of rent 

 

2) issue legal notice for recovery of rent arrears 

 

 3)if company fails to pay  file suit against the company for recovery of rent arrears 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

You may send a legal notice of eviction on the ground of default in rent payment.

After the notice period you need to file an eviction suit and claim the outstanding rent in civil court.

Please be aware that court fee at the applicable rate will be required to file this suit but you may claim interest and legal charges in the suit.

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

1. it is not clear whether they have taken physical possession of the roof or they have vacated the same.

2. if they have vacated the premises then there is no point in chasing after them and make a new lease with another lessee.

3. if not then send them an eviction notice claiming quitting the premises and payment of arrears rent.

4. if they do not then filing the eviction suit will be the only option left.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
409 Consultations

5.0 on 5.0

If there is no business in position ,where is the burden of continuing the lease agreement,you try to send them a legal notice mentioning whether they want to continue that lease agreement or not.If not,ask them to remove he cell tower with immediate effect.

Seshukumar Kuchibhotla
Advocate, Hyderabad
57 Answers

5.0 on 5.0

Send company legal notice for eviction termination of lease and for payment of due arrears if they fail to reply notice suit for same has to be filed before civil court to terminate the lease and evict the company.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

File suit for recovery of possession of land and rent due till tower existed in land.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can file a eviction suit against them.  Or you can also go to nclt against him

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

1.  Send a Legal Notice to the mobile co., at the last known address, with directions to clear all outstanding dues and to remove the mobile tower and handover peaceful possession back to you.  Also publish the notice in two local newspapers.

2.  AFTER above,move civil court, for directions to remove the mobile tower, citing that the mobile co. is shutdown and is absconding.  Also file Police FIR, on the mobile co.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. Did your father enter in to any agreement with that network Company before allowing it to erect tower on his prop[erty?

 

2. If yes, then is there any clause for terminating the agreement in case default in making the payment by the said company? Is there any clause about payment of interest of arrear payments?

 

3.  If the Company has shut down its operation without terminating the contract, your father  can  file a Recovery Suit claiming the arrears payment with interest, damage and cost. The property of the Company can be sought to be attached before the case is disposed of.

 

4. Additionally, your father can lodge a police complaint against the MD and other officials of the said Company for cheatin  your father  by running away without paying the rent to him as peer the agreement. 

Krishna Kishore Ganguly
Advocate, Kolkata
26800 Answers
726 Consultations

5.0 on 5.0

you should issue legal notice to evacuate the rented premises and also demand the pending rent. Later if he didn't comply the notice you have to sue him in competent court.. 

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

You file an eviction suit in which you can demand even the arrears of rent to be paid by the company.

An eviction suit will be the proper action in this regard since the company has defaulted in rental payments.

 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer