Legal Question in Real Estate Law in India

Sir,

We are a Private Limited Company having taken on rent a Compound (Factory) of 7.5 Acres from a Partnership Firm during 1988 (Unregistered Lease Deed, later registered in 1998 & 2004 valid upto 31.10.2018)

The Partnership firm consists of partners two of who are also directors in the private limited company.

Now we understand that the property was a disputed property and it was the matter of an arbitration award of 1976 which was confirmed by the supreme court in 2003 and the party to whom the compound was allotted has now come (after 6 years of the award being confirmed by the Supreme Court) to take possession of the same from us although our Registered lease deed is valid till 2018.

Could you be kind enough to advise our (Lessee) rights in the above circumstances.

Thanks & Regards,

Anup Gupta, Director,

Mahalakshmi Oils (P) Ltd.,

Sangadigunta, GUNTUR - 522 003

PH: 0863-2220111,2222727,3253118. FAX:0863-2320170

MOBILE: +919849086789, E-MAIL: [email protected]


Asked on 12/21/09, 4:29 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

If the company is bona fide lessee, then it will get protection.

Generally, person intending to take possession would be required to approach court by filing an execution proceedings for obtaining possession from the company.

In such execution proceedings, if you succeed in establishing company as bona fide lessee, then you will be protected by court.

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Answered on 12/21/09, 9:23 pm


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