From examining all the facts of your query I want to say that-
These cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard. That condition in the agreement “for whatsoever reason” is one sided worded and is only in the interest of the Owner. Cancellation of the Leave and License Agreement is applicable, when the agreement is to be cancelled/terminated before the end/expiry of the Lease period. Any of the parties (Licensor/Licensee or Owner/Tenant) can send a notice of termination to the other party for cancellation of the Agreement. The agreement ceases after the end of the notice period or else registration of cancellation deed may be done.
In case of Pioneer Urban Land & Infrastructure Ltd. v. Govindan Raghavan, Supreme Court held that the terms of the Apartment Buyer’s Agreement were wholly one-sided and unfair to the Respondent (Flat Purchaser) and that the Appellant (Builder) could not seek to bind the Respondent with such one-sided contractual terms. The Court also made reference to the Law Commission of India’s 199th Report on ‘Unfair (Procedural & Substantive) Terms in Contract’, wherein the Law Commission recommended that a legislation be enacted to counter such unfair terms in contracts. In the draft legislation provided in the Report, it was stated that: “A contract or a term thereof is substantively unfair if such contract or the term thereof is in itself harsh, oppressive or unconscionable to one of the parties.”
You are not liable to pay the owner for the subsequent months when there is grave and intentional negligence on the part of the owner and only he is at fault and not you. You can claim compensation for the mental and physical agony. However, in Court, owner may take a defense of Section 3 of Transfer of Property Act. According to Section 3, a person is said to have notice of a fact, which he would have known, but for his “gross negligence” or “willful abstention from making an enquiry or search” does not know. However, it is such knowledge which a person with ordinary prudence ought to have known. In other words, constructive notice of facts are those facts which a person ought to have known, but because of gross negligence or wilful abstention does not know it. Thus in Constructive notice, there is a legal presumption, that a person should have known a fact as if he actually knows it. I will try to make you understand with an example. Suppose A sells the house by a registered document to B. He later enters into a contract with C to sell him the same house. Law imposes a duty upon C to inspect the registers at the Registrar’s office, and if he does that, he would come to know about the sale in favour of B. A failure to inspect the register will be detrimental to the interests of C, as he would be imputed with constructive notice of the registered transaction. This defense can be tackled with various other provisions like caveat venditor which means ‘let the seller beware’. The principle of caveat venditor cautions that the seller is responsible for any problem that the buyer might encounter with a service or product. Detailed Discussion is required in such cases.
You can issue a legal notice through any good Advocate in India. A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention before the legal proceedings and thus, makes the party aware of your grievance. Many times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides. And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law. Although a legal notice can serve as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases.
You may contact my secretary to connect with me for clarification.
Gopal Verma,
Advocate on Record & Amicus Curiae,
Supreme Court of India