The cost for filing and conducting the eviction suit will depend on the lawyer, who you will be engaging.
The court fee would be very minimal.
You can enquire about the court fee and the lawyer fee also from the lawyer you may choose.
Legal advice needed for the following questions
We (2 brothers and sister) own land and my father leased it out to government petrol company. The lease for the same got expired.We were called for re-negotiating the lease but We did not accept the financial terms being offered. In response We have given them my best offer which they have rejected.Now they filed a case saying that there is a clause in the previous agreement which states that they will have the option to renew the lease for a further term and any such term will be based on mutually accepted terms and conditions. At the same time my father had brought in a clause in the earlier lease agreement stating that after the end of the lease period the government petroleum company is liable to vacate the scheduled property and handover vacant posession. As per our understanding the 2 clauses are bit contradictory. Now the government company has filed a case asking us to extend the term at their best offer as it effect the general public and the government company which has invested in setting up of infrastructure at the premise. We am very well aware that premises will easily fetch more rentals and want the government company to vacate and handover possesion for our personal use. Our real question is what will be the costs involved to pursue the eviction case against the government petroleum company and the time frame it will take to get eviction. Please Advice.
Asked 11 months ago in Property Law
Religion: Hindu
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9 Answers
As such there is no contradiction in clauses as referred by you. Both clauses are required to be read in harmony. Since in the light of first clause as referred by you the Lessee I.e. govt has power to extend the lease hence govt can extend lease but terms of lease is liable to be settled amicably and if govt donot chose to extend then on expiry of lease govt I.e.lessee is liable to handover the vacant possession. Under the given circumstances, you have only liberty to negotiate the term. Time limit for eviction case cannot be predicted, however, it will take minimum 3 years time if all goes well. There must be Arbitration clause in the agreement and if that would be so then eviction case, which is a civil remedy, would not be maintainable. So far cost is concern if govt chose to claim damages then cost will accordingly be increased beside damages etc. Since public interest is also involved so court may also be soft. Issue is required to be tackled strategically.
First send legal notice after that you can proceed with eviction proceedings. It will take some time but you will get the rent for the unlawful occupation period
Legal fees vary depending upon lawyer engaged by you
2) disposal of case depends upon pendency of cases in trial court
3) you cannot be forced to extend the lease at rates offered by the company
Extension of lease agreement is a matter to be decided by consent of both lessor and leasee. Any unilateral extension by leasee is not binding on lessor on expiration of agreement. Leasee file a suit only to blackmail you. There is no special treatment for government company in Court. You can counter its tactics by seeking payment of current market rent pending the suit. You can quote any figure and the leasee is bound to pay the same. Suit will be dismissed with costs awarded to you.
Cost depend on the fees of an advocate. Which clause is later ? extension of lease or eviction once lease over ?
Eviction takes time, terms of the lease deed is important factor to obtain eviction order.
In your lease agreement, it is clearly mentioned that the extension of lease would be on the basis of mutually accepted terms and conditions. Since your are not agree for extension, the lease agreement is not enforceable. You may defend the case and you have fair chance of getting a favourable judgement.
Alternatively, It is advised to send them registered notice to vacate the premises since, the lease agreement has already been expired and has not extended further.
- Since, the other clause mentioning that end of the lease period the premises shall evict by the company , hence after the expiry of the agreement period , the premises can be evicte4d by the lessor if the offer is not accepted by the company.
- You can file a Mandatory Injunction suit before the court , if the company refused to vacate the premises.
- The cost of pursuing the case is depend upon the lawyer to whom you engaged , and which cannot be anticipated by other lawyer.
The costs involved and the time frame for pursuing an eviction case against the government petroleum company will depend on various factors, including the specific laws and procedures in your jurisdiction, the complexity of the case, and the efficiency of the court system. Here are some general points to consider:
Legal fees: You would need to engage a lawyer to represent you in the eviction case. The legal fees can vary depending on the complexity of the case and the experience of the lawyer.
Court fees: There will be court fees associated with filing the eviction case and subsequent proceedings. The amount of court fees will depend on the jurisdiction and the value of the property involved.
Evidence and documentation: To support your case, you will need to gather evidence and documentation, such as the lease agreements, correspondence, and any other relevant records. There may be costs associated with obtaining copies of documents or hiring professionals, such as surveyors or appraisers, to provide expert opinions.
Duration of the case: The time frame for an eviction case can vary widely. It depends on factors such as the court's caseload, the complexity of the case, the availability of witnesses, and any appeals or adjournments requested by either party. It is advisable to consult with your lawyer, who can provide a more accurate estimate based on the specifics of your case and the local court procedures.
Potential settlement: Before pursuing a full-fledged eviction case, it may be worth considering the possibility of negotiating a settlement or alternative resolution with the government petroleum company. This could involve discussions around lease terms, rental rates, or even the possibility of selling the property.
