• How to evict the lessee

Dear sir, my grandfather had given 1500 sq.yds vacant site to the lessee to run movie theatre business for a period of 50 years at the rate of rs.300 rent throught the period under a registered lease agreement.  At the end of the lease period the lessee has to vacate the premises taking all the moveable properties such as projector, fans , tubes chairs etc.  now the lease period closes by 2015 October. The present state is that the lesses has closed the theatre 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.
Asked 3 years ago in Property Law from Tadepalligudem, Andhra Pradesh
repeated query
Ajay Sethi
Advocate, Mumbai
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what does your lease agreement says about the failure in payment of rent
Rajeev Bari
Advocate, New Delhi
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92 Consultations
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Since 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.
H. S. Thukral
Advocate, New Delhi
526 Answers
134 Consultations
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Repeated query.
Ashish Davessar
Advocate, Jaipur
19133 Answers
484 Consultations
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