• Register lease deed of 999 years cancelled by notice

I am owner of land give lease deed to co. Op. Society as per term in lease deed rent 999 years in advance not rent paid by register postal notice give to co. Op. Society for cancellation of lease deed co. Op. Society file civil suit in civil court for declaration and injunction that suit was dismissed for default so lease deed now what is the status of lease deed
Asked 5 years ago in Property Law
Religion: Hindu

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16 Answers

Lease deed stands active

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

You should file eviction suit. Lease deed if register than is valid for all purpose. If not registered than eviction suit by giving 15 days eviction notice.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

It is necessary to peruse terms of lease deed 

 

2) you would need court orders to set aside lease deed on account of non payment of rent 

 

3) it cannot be cancelled unilaterally 

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

If you provide the details of the lease deed given for 999 years. Need to know when given, purpose behind what rights has been transferred , whether it is for agricultural purpose, or any empty land for just Industrial purpose or given for commericial purposes for redevelopment of building to builder and in it developer had mention the developing flats and selling it after formation of co-op housing society etc .

 

so the cancellation of lease deed v/s society this suit state as dismissed.

 

Status of lease deed remains as it is (that is unchanged for 999 years)


Check the dismissed reason of the court; 

court case that is dismissed with prejudice or without prejudice or withdrawn by applicant 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. IF Court has dismissed the Society's petition, THEN you should file for Eviction (if application) and restraining orders against the Society.

2. You must try to do this, before society files any further legal proceedings.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

- Dear sir , your query not clear to reply .

- What do you mean by rent 999 years in advance not rend paid by register postal notice ?

- If , you have given notice to the cooperative society for termination of the lease deed on the basis of rent not paid ,, and after receiving the said notice , the society file a suit for declaration and injunction against you , and which got dismissed , it means that the lease deed has already terminated by the notice issued by you, and the land revert back to you from the hand of the co-operative society , and the society has nothing to do with the land. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

The lease deed was registered and the tenant's case was dismissed. Now file an execution application for enforcement of the lease deed terms.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You need to see the copy of decree to know who won the case.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

Lease deed can't be cancelled through notice if tenure is remaining, it can be only be cancelled through terms of lease deed. Other wise courts interference needed

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

We suggest you should consult a local lawyer who can examine facts of the case based on the documents and facts.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If the suit for declaration filed by the cooperative society to declare the lease deed as valid,  has been dismissed by the trial court and if the plaintiff has not preferred an appeal agaisnt the aggrieved judgment then the defendant can claim possession of the property since he has already issued legal notice to cancel the lease deed. 

If the possession was not given then it can be deemed that there is no subsisting lease deed.

 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

Untill the time of appeal expires you have to wait and thereafter the lease deed will be treated as cancelled.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Dear Sir,

In the present case, the lease deed subsists until and unless, it is revoked by you. As per your query, you have served notice for the cancellation of lease deed and now you may send final notice of termination and ask the cooperative society to vacate the land. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

the lease deed subsists

 

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

Lease deed stand cancelled after notice period if suit of cooperative society got dismissed in default till restoration of suit by making application.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Need to peruse the terms and conditions of the lease deed.

Society cannot cancel the lease unilaterally.

Going by contents of your pose, lease is in tact.

In order to cancel the lease deed, direction / order from court is necessary.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

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