what does your liscence agreement says about non payment of amount
Licencee not giving licence fee on time
I have entered in a Leave Licence agreement of 12 months with a lady and also registered the same.She has given 6 cheques as advance licence fees .Two have bounced .She has give Cash in leu of one cheque.For the other she says it will take another 3 weeks.She is giving a reason of financial constraint.I stay in Mumbai and the leesed property is in Pune.It is very diffcult for me to go now and then to Pune so an arrangement has been made for cheques and agreed by us. I am afraid the after the first six cheques are over she will not pay me nither she will vacate my premise. Please advice what should be the steps taken by me to ensure safty of my property ?Can I lodge a complaint or a Court case in this matter in Mumbai?
Asked 10 years ago in Civil Law
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9 Answers
1) you will have to terminate the leave and license agreement if license fails to pay rent on time . please check the provisions of your leave and license agreement for termination clause . generally there is a clause that if licensee fails to pay rent on time then agreement can be terminated by issue of one month notice
2) if licensee fails to vacate premises in spite of notice eviction suit will have to be filed in Pune only . since property is situated in Pune file eviction suit in Pune
Thank you Sir's.Rajeev Sir,there is no clause stating anything about nonpayment ,but a clause stating that the license fee must be paid on or before 10th of every month.Ajay Sir,There is a clause stating that either parties must intimate each other with a notice of one month if they want to leave.Please advice .Can I also give a notice for bounced cheques ?and also a notice of eviction ? What reason should I give for termination of the agreement?
Asked 10 years ago
in this case just give legal notice and terminate liscence
you can give a seperate notice for cheque bouce and pressurise him to leave the house or be ready to face action under 138NI
you can give notice for termination of license . mention that licensee has failed to make payment on or before 10th of every month as provided in contract .. if in spite of notice licensee fails to vacate file suit for eviction .
you can also issue notice under section 138 Ni on account of dishonour of cheque
If the cheque has bounced then issue a lawyer's notice to her for cheque bounce. If she fails to pay the amount covered by the cheque even after the legal notice the you may file a case of cheque bounce against her.
Since your agreement explicitly provides that rent must be paid before 10th of every month she ought to have complied therewith. Her act of dishonouring the agreement vests you with the legal right of terminating the agreement by issuing a notice to her.
If she does not vacate the property even after notice then file a case for her eviction in court whereby she will be ordered to leave