Lease land taken, surrender letter given to landlord
As i had taken a lease land which has expired on 31-12-2013 at that time we had given surrender letter to the landlord and volbary we had talk that we ill clear our plant and machinery in couple of months , when we had open our plant and machinery by technician . Since we went to lift the matarial the landlord told that the electric line had been disconnected so you had to pay and bring the electric line then we will allow you to lift the material. in mutually we both decided that 50 % the landlord will pay and 50 % i will pay . Than after this discussion he told that now you had to pay the rent of lease for delay lifting . We told him that we had volbery talked that you will give sufficent time but as per discussion we are ready to lift the maratial since 29-04-2014 they are not permitting to lift our plant and matarial . A week later he again told me to make a mou that after paying electricity bill with connection of line then no dues from landlord side as well as mine side will be charged extra and you can lift the plant and machinery within 15 days after the connection of electric line ,so we had excepted it and when we had produced the letter of mou now he is saying no pay the electric bill then take material and he is not signing the mou letter .
In this case please help me Sir what i will do because if i pay the electric bill in verbally conversation and further again he demand me the rent lease for delay of lifting material because he is not keeping his word since 29-04-2014 .
So please help
Asked 3 years ago in Property Law from Kolkata, West Bengal
1) when the lease term expired in December 2013 and you have given surrender letter you should have immediately lifted your plant and machinery lying in site
2) you have merely obtain verbal approval that you will remove your plant and machinery in couple of months . you have no documentary evidence that landlord has agreed to said deal .
3) if landlord has disconnected electricity connection and he wants you to pay for electricity connection for shifting material it is reasonable requirement .
4) you dont have any letter that landlord has agreed to pay 50%electricity connection charges .
4) you should immediatedly send a letter by regd post AD recording discussions held wherein you will on payment of electricity bill remove the material within 15 days .
5) better arrive at an amicable settlement with landlord if you want to lift your plant and machinery
6)if plant and machinery is valuable pay for delay in lifting material .
It seems he is greedy person and has been changing his stands for oblique motives. Better serve him a legal notice through a lawyer that if he would not allow you in a fixed period say one week then he shall be liable for paying damages to you besides taking legal actions against him. you may also add that you will pay 505 electricity dues on the date of removal of machinery.
Advocate, New Delhi
Settle the matter amicably with the landlord, failing which you can file a Declaration Suit in civil court.
1. After your letter for surrender of lease on expiry of lease your liability to bear electricity expenses ends unless you continued consuming electricity.
2. in either circumstances the lessor can not restrain you from taking back the machinery.
3. If he does this, it amount to criminal offences falling u/s 406, 506 IPC.
4. My advice to lodge complaint with local police. It would yield desired result.
Whenever any settlement is reached orally between the parties it can not be enforced legally. It would have been proper if the machinery had been removed, before the expiry of lease period. You can not be forced to pay for electricity charges which you have not consumed. Before taking legal action, try to settle the matter amicably.
1. After the termination of lease you should have lifted your material without any delay. The demands raised by landlord are obnoxious to say the least as after the surrender of lease he cannot stop you from removing your material. The right of the lessee to remove the material after surrender of lease cannot be made contingent on the payment of any charges unless the lease agreement expressly provides so.
2. Was the electricity line disconnected during the subsistence of lease? You are not liable in any manner to either bear the expenses to be incurred on restoration of the electricity line or pay for the electricity consumed after the end of lease period.
3. Since the demands of the landlord are unlawful it is advisable that you issue a lawyer's notice to him demanding uninterrupted access to the property to remove your machinery. If he does not honour the notice of your lawyer then you may move to court for necessary reliefs against him.
1. You should have vacated the premises while submitting your surrender letter or should have taken written permission for any extension,
2. You have no evidence of his verbally permitting you extra time to lift your material from the premises,
3. YYou have not mentioned why electricity of the premises was disconnected. Was it for your not paying the electricity bill? If yes, then you shall have to restore the electric connection. If you are not responsible for the said disconnection of electricity, then you should not agree to pay anything for its restoration,
4. You have already overstayed for more than 5 months in the said premises. The landlord is not unjustified in asking rend for the said extended period if you can not produce any evidence of his verbal permission,
5. Settle the matter amicably since you do not have strong litigating ground in the instant matter.
I accepted Mr. Ajay sethi's analysis