Monday, May 22, 2023

Eviction notice under Section 106 of the Transfer of Property Act 1882

 


 

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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