• Tenant not canceling the agreement.

Dear Sir,
We are from a town in Telangana.

We are facing a rental issue with tenant.

In 2017 Dr. Phani rented our property for running a hospital. He made changes to the elevation of the building. My father registered the rental agreement with the registration office. The rental agreement was for a period of 7 years. He ran the hospital for a year very successfully. 

In 2018 he moved the hospital to his own property. Lot of people were interested in renting. 
Dr. Suresh running a hospital successfully in a neighboring town wanted to expand in our town.
Dr. Phani took 15 laks from Dr. Suresh saying it towards the elevation. Dr. Suresh was happy to get his new branch running. He made new agreement with my father for 10 year period. He registered the new agreement with the registration office.Dr. Phani was a witness in the new agreement. 
My father is old and he let Dr. Suresh take care of the registration and canceling the old one. 
It seems Dr. Suresh never got hold of Dr. Phani to cancel the old agreement at the registration office.

My father didn’t pay attention to the all the details. 
Dr. Suresh changed the lift (it seems he spent 7 laks for it).
Dr. Suresh tried to run the hospital for a year managing remotely. 
But the crew he hired was not dedicated and they could not run it properly.

From 2019 June he stopped paying the rent. 
In November 2019, he said he is stoping the hospital. 
Now he is not canceling the agreement at the registration office. He asked my father to pay 22 laks.
For anyone who were interested he was asking the same and then changed to 15 laks.

When we asked, he is saying we have two agreements in the registration office and we tried to rent it to two parties and he will create a problem for us.

It’s been 8 months since the rent. How do we handle this situation ?

Is it possible to have 2 registrations concurrently? Doesn’t the second one cancel the first one automatically?
Currently i am out of country and my father is 80 year old and having hard time dealing with the situation.

Can you please suggest?
Asked 7 months ago in Property Law
Religion: Hindu

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16 Answers

Issue legal notice of eviction. There is no need to apply for cancellation of rent agreement. On his default in payign rent, you are entitle to vacation order from court.

No problem or legal consequences of having 2 agreements. Dr. phani was witness to 2nd agreement. Therefore, previous agreement stand cancel by conduct of parties.

Yogendra Singh Rajawat
Advocate, Jaipur
21157 Answers
31 Consultations

4.4 on 5.0

1) issue legal notice to tenant to vacate premises for non payment of rent 

 

2) obtain an affidavit from earlier tenant that he had vacated premises and agreement for rent stands terminated 

 

3) you should not bow down to pressure tactics 

 

4) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
78560 Answers
4712 Consultations

5.0 on 5.0

Now the oral wordings can  treated as contract as per Indian Contract Act. When Dr. Suresh paid the 15 lacs to Dr. Phani on what basis he did that.

 

The second lease agreement is valid if you could have mentioned the history of previous agreement at least one line sentence something reference in that so we can evict him and your father's will be safe atleast.

 

Need to review both lease agreement.

Ganesh Kadam
Advocate, Pune
11425 Answers
106 Consultations

4.9 on 5.0

Hi

Every agreement needs to be cancelled.

First one will automatically become deactive after 7years only.

Now it is advisable that you file a complaint against the doctor for not paying rent.

Other methods available....needs to be discussed. 

Thanks 

Rahul Jatain
Advocate, Rohtak
5095 Answers
4 Consultations

4.8 on 5.0

1. It is a prosecutable offence of mischief, cheating, breach of trust etc.... to conduct Registration of Same Property, while the earlier registration transaction is in force.  In law, nothing is done automatically and proper & due procedures of law has to be followed at every step.

2. Since Dr. Phani is the First tenant (who could claim losses), ONLY & ONLY Dr. Phani can file the above complaint and NOT Dr. Suresh. Here again Dr. Phani cannot file because he himself is the witness in the Tenancy Agreement with Father & Dr. Suresh.

3. Here Dr. Suresh is guilty of Trespassing, since he knew that premises is rented to Dr. Phani and that he cannot rent it from your Father. Hence by virtue of this, NOW he cannot claim anything or file any claims in any court, except to harass you.

4. Get a POA from father and you can Serve a Proper Legal Notice to Dr. Suresh to vacate the premises, on the above grounds, else you will file police complaint against him.

5. You can also file a complaint against Dr. Suresh, with the state Medical Council /Association, for such harassment, intimidation and malpractices.

Hemant Agarwal
Advocate, Mumbai
5364 Answers
25 Consultations

5.0 on 5.0

You need to file eviction suit against him there is no other way to the same. 2 registration cant be legal

You need you come and do the needful or give POA to someone who can proceed

Prashant Nayak
Advocate, Mumbai
21846 Answers
46 Consultations

4.4 on 5.0

Dear Querist,

In this situation the best possible recourse for you is to first serve him a legal notice for the amount due on him as per the rent agreement between your father and him.

Secondly, if not deposited then we will be filing a suit for recovery of the money against him. Since, there are two agreements he is challenging the subsequent agreement executed between the parties ipso facto redundant the previous agreement executed. Therefore, in this situation we will be filing a suit for specific performance of the contract under specific relief act, 1963. 

Accordingly, we also need some more vigilant measures to get what we need on time. It would be better we consult over a phone call the further mode of operation for us. You dont need to worry, our team will take care of your issues. 

You can contact me for dealing with  your matter. 

 

Regards,

YUGANSHU SHARMA

ADVOCATE 

 

 

 

Yuganshu Sharma
Advocate, New Delhi
382 Answers
1 Consultation

5.0 on 5.0

1. Dr. Phani was the witness in the agreement with Dr. Suresh during the pendency of the agreement with him which indicates that he has cancelled or has considered the agreement with him as cancelled.

 

2. Your father is not liable to pay any amount to Sr. Suresh.

 

3. File eviction suit against Dr. Suresh and file an application restraining him to take away the equipment lying in the said hospital till he pays the rent up to date. 

Krishna Kishore Ganguly
Advocate, Kolkata
24592 Answers
696 Consultations

5.0 on 5.0

Having 2 registrations simultaneously would not be a very big issue for your father.

You should say word legal notice to Dr. Suresh asking him to repay the arrears of rent of 8 months along with interest. If he fails to do so, you can file a suit for eviction against him.

In absence of any written agreement between your father and Dr Suresh to do the renovation and that later your father will reimburse him off the cost, he cannot do anything in the court of law. non payment of rent and structural change of the premises without the consent of the owner in writing would be sufficient to get him evicted from the property.

You should also consider taking in writing from Dr Dhani stating that he had vacated the property mentioning the date of termination of agreement  and the previous agreement registered at Sub Registrar office stood cancelled and get the same notarized and if possible registered.

Also, the fact that Dr Suresh paid rupees 15 lacs to Dr Dhani would be sufficient to prove that Dr Suresh had taken the property on rent and had compensated with the amount of rupees 15 lacs to Dr Dhani for the the cost spend on maintenance of the property (elevator etc). No need to pay any amount on his mere asking.

Siddharth Jain
Advocate, New Delhi
5595 Answers
64 Consultations

5.0 on 5.0

Ignorance of law and lethargic towards the affairs cannot be claimed as an excuse.

Your father did a mistake of not cancelling the previous registered agreement while letting in another tenant and getting an agreement registered with him afresh.

Now the previous registered agreement which is not cancelled may be n obstacle for your father to initite legal action against the current tenant  for eviction or recovery of arrears of rent 

You may consult a local advocate and produce all the relevant papers before him to initiate legal action agaisnt the current tenant for recovery of arrears of rent and for eviction.

Let the court decide based on the circumstances and evidences in your support.

 

T Kalaiselvan
Advocate, Vellore
68580 Answers
921 Consultations

5.0 on 5.0

If the tenant don't pay rent and occupy the premises amounts to wilfull default and on that ground he can be vacated by filing a petition in the rent controller court.

Mohammed Mujeeb
Advocate, Hyderabad
18457 Answers
11 Consultations

4.5 on 5.0

 there is no restriction having more than one registration in the registration office regarding the rental the main consideration is that what are the terms and conditions laid down in the rental agreement however this rental agreement is registered for seven years but there must be exit clause and there may be some do and not to do clauses so you have to consider both the things and only by saying that there are two rental agreements your case is not abhi and you have to exercise your rights as per the terms and conditions of the lease agreement and file eviction suit in case he is not vacating the property after notice in most of the lease agreements basic alteration is required based on the type of business but elevation as a whole and effective the building cannot be changed so you have to go through your please agreement properly and it will be good to advise that you have to discuss with some advocate will find out glitches in your Lease Agreement to file the case After sending the notice


 there is no restriction having more than one registration in the registration office regarding the rental the main consideration is that what are the terms and conditions laid down in the rental agreement however this rental agreement is registered for seven years but there must be exit clause and there may be some do and not to do clauses so you have to consider both the things and only by saying that there are two rental agreements your case is not abhi and you have to exercise your rights as per the terms and conditions of the lease agreement and file eviction suit in case he is not vacating the property after notice in most of the lease agreements basic alteration is required based on the type of business but elevation as a whole and effective the building cannot be changed so you have to go through your please agreement properly and it will be good to advise that you have to discuss with some advocate will find out glitches in your Lease Agreement to file the case After sending the notice

Vimlesh Prasad Mishra
Advocate, Lucknow
6774 Answers
23 Consultations

4.9 on 5.0

1. since Dr. Phani was a witness in the registered document signed between your father and Dr. Suresh, it will be implied that Dr. Phani had given up his rights in the premises 

2. so the threat of Dr. Suresh that he will create problem for your father on the ground of double registration will fall flat on the ground and will not assist Dr. Suresh in his illegal acts

3. since Dr. Suresh is not paying the rent, you will have to issue a termination notice to him and terminate the agreement on the ground of non payment of rent and call upon him to vacate the premises after clearing all the arrears of rent with interest within the period stated in your legal notice

4. if he does not comply to your legal notice then you will have to file an eviction suit against him and claim damages from him for remaining on your property as an illegal trespasser 

5. simultaneously you can also file a police complaint or a direct Magistrate Court complaint against Dr. Suresh for committing the offence of illegal trespass since after termination of the rent agreement he does not have any authority to remain on your premises

Yusuf Rampurawala
Advocate, Mumbai
5633 Answers
35 Consultations

5.0 on 5.0

1. The first agreement stand cancelled automatically because Dr. Phani the first tenant was witness in second rent agreement so he was aware of new agreement. 

2. Send a legal notice to Dr. Suresh for clearing the rent due towards him and vacate the premises also mention that rent agreement stands cancelled because of non payment of rent from last 8 months and you can take legal action against him if he doesn't comply with the legal notice.

3. You can file civil case for eviction against Dr suresh and a criminal case for illegal possession of your property.

Mohit Kapoor
Advocate, Rohtak
10348 Answers
7 Consultations

5.0 on 5.0

1. When he began to change the elevation your father could have gone to court with a suit for permanent injunction to stop him from doing it.

2. Be that as it may, unless both agreements are perused it is not possible to formulate an opinion on which one among them would prevail.

3. Since the rent has also not been paid your father can file a petition before the Rent Controller to evict the tenant on the ground of default in rent.

Ashish Davessar
Advocate, Jaipur
29939 Answers
862 Consultations

5.0 on 5.0

Hi

Your present tenant is using arm-twisting tactics against your father taking advantage of old age etc. 

Do not yield to his pressure tactics.

Issue notice to the present Tenant for arrears / dues of rent to be paid by him, damages for unauthorized occupation and also seek possession by cancelling  the agreement.

You can also request old tenant to confirm in writing about vacating of the premises by him.

 You need to get the earlier agreement cancelled.

S Srinivasa Prasad
Advocate, Hyderabad
2755 Answers
9 Consultations

5.0 on 5.0

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