Legal Question in Real Estate Law in India

12.03.2014

Dear Sir / Madam,

A tenancy in respect of an immoveable property is determined on the happening of circumstances mentioned in Section 111 of the Transfer of Property Act which reads :

Determination of lease -

A lease of immoveable property determines :

(a) by efflux (passage) of the time limited thereby,

(b) where such time is limited conditionally on the happening of some event - by the happening of such event,

(c) where the interest of the lessor in the property terminates on, or his power to dispose of the same extends only to, the happening of any event - by the happening of such event,

(d) in case the interests of the lessee, and the lessor in the whole of the property becomes vested at the same time in one person in the same right,

(e) by express surrender, that is to say, in case the lessee yields up his interest under the lease to the lessor, by mutual agreement between them,

(f) by implied surrender,

(g) by forfeiture, that is to say (1) in case the lessee breaks an express condition which provides that, on breach thereof, the lessor may re-enter; or (2) in case the lessee renounces his character as such by setting up a title in a third person or by claiming title in himself; or (3) the lessee is adjudicated an insolvent and the lease provides that the lessor may reenter on the happening of any such event; and in any of these cases, the lessor or his transferee gives notice in writing to the lessee of his intention to determine the lease,

(h) on the expiration of a notice to determine the lease, or to quit, or of intention to quit, the property leased, duly given by one party to another.

A. You should issue a legal notice to the tenant requesting him / her to vacate the flat within 7 days. The tenant may file his representation in reply to your notice in the Small Causes Court, Coimbatore. You should furnish a copy of the Offer Letter to substantiate your reason to reoccupy your flat. Judgement is likely to go in your favour.

Regards,