• Penal rent under section 24 of maharashtr rent control act

Penal rent @double the licence fess is applicable to residential property given on leave and license agreement under Section 24 of Maharashtr rent control act. 

ARE the provisions of section 24 legally applicable to commercial shop of 224 Sq feet taken by me under Leave and license after expiry of leave and license period of 24 months and the order of Small court Judge directing me to pay double amount of license fee legally valid, and what are the relevant provisions and remedial measures under law available to me against the order.
Asked 5 years ago in Property Law
Religion: Hindu

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10 Answers

Please note that the leave and licence agreement is covered by the easement act not by the rent Control Act and the provisions of the easement act is applicable in this case as soon as the licence period is expired you can take the position of the property without going to any competent authority but in case of rent Control Act increase the position of the property has not been handed over by the tenant then you have to Evoque the section 24 and visit the competent authority in this regard it is civil court   in your case

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

The order of small causes court is valid 

 

it is applicable even in respect of commercial premises given on leave and licence

 

3) Any licensee who does not deliver possession of the premises to the landlord on expiry of the period of license and continues to be in possession of the licensed premises till he is dispossessed by the Competent Authority shall be liable to pay damages at double the rate of the license fee or charge of the premises fixed under the agreement of license.

Ajay Sethi
Advocate, Mumbai
94849 Answers
7567 Consultations

5.0 on 5.0

S. 24 is applicable for residential leave and license

The Judge has granted damages/compensation/means profits to licensor for overstaying by licensee in licensed premises

It is in discretion of Judge whether to allow the prayer or relief sought by licensor for award of damages or compensation 

If you are aggrieved you can file an appeal before division bench of small causes court

Yusuf Rampurawala
Advocate, Mumbai
7527 Answers
79 Consultations

5.0 on 5.0

You can challenge it to the appellate court in first appeal 

Prashant Nayak
Advocate, Mumbai
31979 Answers
182 Consultations

4.1 on 5.0

See the small cause court can pass order under 24 for the commercial premises also in case you are aggrieved of the order you need to prefer an appeal.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

No escape, act apply to premises let for the purposes of residence, education, business etc.

And law is clear that licensee who does not deliver possession of the premises to the landlord on expiry of the period of licence shall be liable to pay damages at double the rate of the licence fee.

If there is any default clause that on expiry of agreement , possession not delivered than such cahrge will levy than that clause may apply instead of double.

Yogendra Singh Rajawat
Advocate, Jaipur
22664 Answers
31 Consultations

4.4 on 5.0

The court's decision is usually final. In certain circumstances you may be able to appeal the court's decision in Superiror court. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If lower court judge have given the judgement of double Rent then it is legally valid and you can go for appeal in court of district judge against the order of lower court. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Section 24 provides for recovery of possession by the landlord of premises on expiry of licence period. On failure of the licensee to so deliver the possession,the landlord can make an application to the competent authority .

Any licensee who does not deliver possession of the premises to the landlord on expiry of the period of license and continues to be in possession of the licensed premises till he is dispossessed by the Competent Authority shall be liable to pay damages at double the rate of the license fee or charge of the premises fixed under the agreement of license.

Any licencee means even the premises taken on leave and licence for commercial shops  hence it is applicable to your case too,.

 

T Kalaiselvan
Advocate, Vellore
85049 Answers
2212 Consultations

5.0 on 5.0

This is my response to you:

1. The L&L applies for all kinds of properties;

2. It applies to all the kinds of properties as mentioned under section 7(b)(5) of the act;

3. You will not be able to dishonor the agreement;

4. Only if you can establish that the licensor has dishonored the agreement in some way or the other;

5. Or if extension of L&L was orally promised and the licensor never acted upon it;

6. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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