In Ashok Thapar v. Tarang Exports (P) Ltd, Hon`ble Bombay High Court decided that a compromise clause would survive even if the Leave and Licence Agreement was mutually terminated. After the analysis SMS Tea Estate (P) Ltd. v. Chandmari Tea Co. (P) Ltd. and Magma Leasing and Finance Ltd. v. Potluri Madhavilata, it was decided that once the parties intended to refer their dispute to the arbitrator, then any dispute related to such an agreement must necessarily be referred to the arbitrator, even if the agreement containing such a clause , by mutual consent. A dispute that is due to the above mention and if the L-L agreement contains a compromise clause, then the same can be called and the recovery of a surety as part of a leave and licensing contract can be procced with. In the absence of a compromise clause in the L-L agreement, and then summary action under the Code of Civil Procedure, 1908 is an available step for the licensee. If you want to move in with someone else, a roommate agreement is another document that can protect you.
In the case of Natraj Studios (P) Limited Vs. Navrang Studios, a lessor had filed an eviction action with the Little Cause Court, Bombay, and the tenant had filed an application under Section 8 of the A-C Act on the basis of the compromise clause of the L-L agreement between the parties. The Hon`ble Supreme Court rejected the tenant`s aforementioned application and found that the landlord`s application for eviction could be upheld. It was also found that such disputes could not be referred to the arbitrator. The relationship between the parties is that of the licensee and the licensee and the dispute between them with respect to the possession of the premises granted, which is why the Small Cases Court is the sole jurisdiction and the arbitrator does not have to judge the dispute between the parties. If you or the owner wishes to terminate the contract, one month`s notice must be notified. However, some agreements may provide for a longer period of time. Always send your message in writing with the date indicated.
Most leases are signed for 11 months, which avoids stamp duty and other fees. We all know that the leave and licensing contract is covered by what legislation. Under the 1908 Registration Act, registration of leases is mandatory if the rental period is 12 months or more. The agreement must clearly state the amount of rent you must pay each month and the due date to which it must be paid. A licence is a personal right granted to a person to do something on the land of the licensee, that is, the licensee, and does not create an interest in the property itself. It is simply a permissible right to use and occupy the land and is personally reserved for the scholarship holder, i.e. the licensee. It does not create obligations and obligations to the persons who grant the grant and is therefore revocable, except in certain circumstances expressly provided for. The agreement should clearly state where the apartment should be located. This is important because the owner must then maintain and repair the house if needed. The lease agreement should include a clause relating to the correct maintenance of the property.
Tenants are generally expected to take care of small repairs, so it is important to look at the shape of the property before being taken care of.