• 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
33722 Answers
1860 Consultations

5.0 on 5.0

what does your lease agreement says about the failure in payment of rent
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

3.5 on 5.0

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
550 Answers
156 Consultations

5.0 on 5.0

Repeated query.
Ashish Davessar
Advocate, Jaipur
20767 Answers
550 Consultations

5.0 on 5.0

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