EVICTION
NOTICE UNDER SECTION 106 OF TRANSFER OF PROPERTY ACT 1882
(AS
AMENDED UNDER 2002 AMENDMENT ACT)
BY RPAD
TO
M/S
______________________
REP
BY PROPERIETOR : _____________________________
#__________,
__________ MAIN, ____________BLOCK,
__________NAGAR
________________________
SIR,
Under
the instructions of my Clients M/S ______________________________ a partnership
firm, Represented by its Partner Mr ________________ s/o __________________ aged about _____
years, Residing at ____________ Road, ______________, do hereby issue you
statutory notice as required under section 106 of Transfer of property act 1882
(As amended by 2002 amendment act) as follows:-
Take
Notice that
1.
You are previously monthly tenant starting from Dt_________________ regarding
notice item no-1 schedule property.
2.
During later period as per mutual understanding
the tenancy period is renewed by month to month with changed circumstances,
varying the dimension of leased premises from notice item no-1 schedule
property to that of this Notice item no: 2 schedule property and later to
Notice item no: 3 schedule property.
3.
You are presently holding possession of Notice
Item no: 3 schedule property, on monthly rental basis, paying monthly rent of
Rs 10,000-00 as on present. Take notice that you are the chronic defaulter in
payment of rent and you are in arrears from November 2009
4.
Your above monthly tenancy commences from every
first of the month and ends on 30/31ST of the same month.
5.
You are hereby given notice to vacate notice
item no: 3 schedule property, after 15th day of receipt of this
notice.
6.
My client does not want to continue the monthly
tenancy, and wishes to terminate the tenancy from the 15th day after
receipt of this notice. My client needs his property for extension of his
business activity. My client is not feeling worth to continue on rental basis,
or any other basis which is not having any prosperous outlook in his property
management. Hence vacate Notice Item No: 3 Schedule property and hand over
possession to my client.
7.
If you fail to vacate on your own after
compliance of the statutory period my
client reserves his right to claim mesne profits and damages arising out of
your continued illegal occupation of the same.
8.
Inspite of my clients repeated reminder to get
the written registered lease deed, you have failed to arrange for it. And under
changed circumstances and needs of my client my client hereby disowns all
unenforceable terms of the unregistered lease deed if any.
9.
Take notice that it is the statutory duty of
tenant to pay requisite stamp duty on lease deed under Section 30(b) of The
Karnataka Stamp Act 1957, you have failed to pay in time and your lapse will
not be approved by my client for any payment of penal duties.
10. Take
notice that under under Section 17(1) (d) of The Registration Act, registration
of document is compulsory for its enforcement, since you have not heeded to my
clients advice when he is calling you, and under changed circumstances my client declines to further approve any
un-registered lease deeds.
11.
Take
notice of legal situation that as per many rulings of Supreme court of India
and Hon’ble High court of Karnataka the law is very much clear that The term relating to the
period of lease created under an unregistered lease deed cannot be relied upon
to establish the fact that the lease is for a period of so many years more than
11 months.
12.
Take notice of legal situation that, such lease deeds, may be relied upon only to
prove that the transferee is a tenant. It is open for the landlord to file suit
for eviction by treating the lease as the lease on monthly lease. Consequently,
the lease between the parties being only a monthly lease which can be
terminated by issuing 15 days notice under Section 106 of the Transfer of
Property Act.
13.
Take notice of legal aspect that It is clear from plain language
of Section 107 of the Transfer of Property Act that the lease of immovable
property for any term exceeding one year can be made only by registered instrument.
14.
Take notice of legal aspect that In the absence of registered
instrument, the lease must be a monthly lease and not yearly lease or a lease
beyond one year.
15.
Take notice of legal aspect that In this case also, as the lease
is for a period beyond one year and as the same is created by unregistered
instrument, it shall have to be construed only as monthly lease and not yearly
lease or a lease beyond one year and therefore, the termination of lease would
be only by giving 15 days quit notice under Section 106 of the Transfer of
Property Act, Hence this notice to you requesting to quit from Notice Item No:
3 of schedule property.
NOTICE
SCHEDULE
ITEM NO:1:-
1. All that piece and parcel of immoveable
property situated in ____________________________________ including Land and
Building bearing Municipal Khatha No: _________________ Measuring ___________________Showroom _____________ sq
ft, Bounded on
By East : ________________
By West : ___________________
By North : __________________
By South : _________________
2. All that piece and parcel of immoveable
property situated in __________ _____________________ including Shop Measuring ___________ Sq.ft bounded on
By East : ______________
By West : _____________________
By North : _________________
By South : ___________________
ITEM NO:2:-
1. All that piece and parcel of immoveable
property situated in ___________ including Land and Building bearing Municipal
Khatha No: __________ Measuring Showroom
______________ sq ft, Bounded on
By East : __________
By West : ______________________.
By North : ____________________
By South : _____________________
2. All that piece and parcel of immoveable
property situated in __________ including Work Shop Measuring ___________
Sq.ft bounded on
By East : _______________
By West : ________________
By North : _______________
By South : _______________
3. All that piece and parcel of immoveable
property situated in _____________________ including Work shop Measuring __________
sq.ft bounded on
By East : ___________
By West : ______________
By North : ___________________
By South : ___________________
ITEM NO:3:-
1.
All that piece and parcel of immoveable
property situated in _______________ including Land and Building
bearing Municipal Khatha No: __________________ Measuring Showroom ______________ sq ft, Bounded on
By East : _____________________
By West : __________________________________
By North : ___________________
By South : __________________________
DATE:
PLACE:
ADVOCATE
LESSOR/LANLORD
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