Lease deed stands active
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
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.
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
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court case that is dismissed with prejudice or without prejudice or withdrawn by applicant
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.
- 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.
The lease deed was registered and the tenant's case was dismissed. Now file an execution application for enforcement of the lease deed terms.
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
We suggest you should consult a local lawyer who can examine facts of the case based on the documents and facts.
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.
Untill the time of appeal expires you have to wait and thereafter the lease deed will be treated as cancelled.
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.
Lease deed stand cancelled after notice period if suit of cooperative society got dismissed in default till restoration of suit by making application.