Legal Question in Real Estate Law in India

Leave & License Agreement

1. The Maharashtra Rent Control Act 1999 is claimed to be applicable only to property falling within the limits of a Municipal Corporation. Is that correct?

2. Since, my property has been given on a L&L Agreement but falls outside the Municipal limits, under which Act may I proceed to get recovery both for breach of the Agreement as well as Agreement period having expired?

3. Is the Small Causes Court having jurisdiction over the entire Tehsil, the right Court to approach?


Asked on 4/09/09, 1:50 am

3 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Leave & License Agreement

HELLO

GOOD MORNING

1. Yes it is applicable to the properties which fall in Municipal Corporation Limits.

2. You should initiate proceedings u/s 438 of the Civil Procedure Code.

3. Please consult a local lawyer.

IN CASE OF NEED PLEASE CONTACT PERSONALLY ALONGWITH THE DETAILS.

OR

PLEASE MAIL ME IF YOU HAVE FURTHER QUERY.

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Answered on 4/09/09, 2:04 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Leave & License Agreement

1. It applies to areas specified in Schedule I & II - some of the areas specified are outside municipal limits.

2. If your area is not covered by Rent Act, then you have to go by provisions of the Easement & License Act r/w Transfer of Property Act.

3. Small Causes Court have jurisdiction for suits under Rent Act and other petty suits. For other suits, one need to approach the Civil Court.

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Answered on 4/09/09, 2:20 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Leave & License Agreement

I agree with the opinion of Mr. Nahar.

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Answered on 4/09/09, 8:03 am


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