• How to cancel a lease agreement legally even if he didn't break any rules

Hello recently I purchased 1 acre land in that 30 cents(115*115) = 13225 sq ft. is occupied with petrol bunk which took lease for 30 years up to 2037 still 18 years is there while purchasing the total land I accepted that i follow the lease rules as I wanted to the remaining land to be constructed with a function hall and the land owner told he will sale 1 acre if I accept the lease rules also so I did at that time but now I wanted to cancel the lease agreement even the Petrol bunk never break any rules but I don't want it in-front of my function hall for safety issues.Here are my questions
1.If I file a case on the petrol bunk company will i win the case ? And also I will compensate for the immovable property which is two rooms with bathrooms and tiles used to cover the total land and compound wall remaining all items can be movable.what will the average compensate amount for thatif u have already worked on that cases ? 
2.I bought that petrol bunk land for 40 Lakhs but they are paying rent to me 8950 rs/ monthly as a thumb rule monthly 1% interest should i have to get paid 40 K right ?
Please answers to my questions
Asked 12 days ago in Property Law from VENKATAGIRI, Andhra Pradesh
Religion: Hindu

There must be termination clause in your lease deed . if there is such a clause issue notice of termination of lease 

 

2) if there is no such clause you cannot unilaterally terminate lease if lessee. has not committed breach of contract 

 

3) it is necessary to peruse lease deed to advice further 

Ajay Sethi
Advocate, Mumbai
69042 Answers
4153 Consultations

5.0 on 5.0

1. Lease Agreement in such cases can be cancelled ONLY with the mutual consent of the Petrol Bunk co., by paying off all the relevant compensations and hardships incurred by the Co. in setting up of the petrol station. This can also be done IF there is any violation of the lease agreement, immoral /criminal activities etc.... 

2. Lease Rent CANNOT be linked to interest rates in anyway, whatsoever, since lease rent is under a contract /agreement which is mutually agreed and contracted.  However you can re-negotiate the lease deed and put new amended clauses relating to time period and increase in rent.

Hemant Agarwal
Advocate, Mumbai
2839 Answers
16 Consultations

5.0 on 5.0

1. With the purchase of the land along with lessee yo have stepped into the shoes of previous landlord and hence you are bound b all the encumbrances the land is fastened with.

2. So if the lease is made for 30 years and there is no breach of terms of lease in the meantime no suit of eviction can be filed against the lessee nor the deed of lease can be unilaterally cancelled by you.

3. The rate of rent is to be imposed and collected as per the terms of deed of lease and you can not again make any increase  on rent without the consent of the lessee. 

Devajyoti Barman
Advocate, Kolkata
18124 Answers
260 Consultations

5.0 on 5.0

You can file a eviction suit in this case based on your lease agreement about any vacation clause after giving notice

Prashant Nayak
Advocate, Mumbai
14521 Answers
24 Consultations

4.6 on 5.0

1. The case against the petrol bunk may not be maintainable, the registered lease agreement cannot be cancelled as per your whims especially in the absence of breach of any agreement/contract conditions.

2. There is no such thumb rule on this because they have entered into the lease agreement even before you purchased this land and you have agreed and accepted the lease between the petrol bunk and the previous vendor hence you cannot claim anything beyond that.

T Kalaiselvan
Advocate, Vellore
58874 Answers
746 Consultations

5.0 on 5.0

NO.

Lease deed is existing prior to your purchase. You are bind by lease terms. how much the rent is, it was decided mutually by parties. 

No relief from court until opposite party defaults lease terms. otherwise only through mutual settlement.

Yogendra Singh Rajawat
Advocate, Jaipur
14612 Answers
19 Consultations

4.6 on 5.0

try to convince the lessee also to get the lease deed cancelled stating that the same would be illegal and both the parties would be in trouble. Otherwise you might have to pay compensation cost.

Mohammed Mujeeb
Advocate, Hyderabad
11746 Answers
4 Consultations

4.5 on 5.0

No Chances of winning the case are very low if they are not breaking any rules. 

You should send him a legal notice for vacating land to give it a try. 

Mohit Kapoor
Advocate, Rohtak
4800 Answers
1 Consultation

5.0 on 5.0

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