Hello Sir,
I have taken a rent on heavy deposit 11L for two years, it's expired on 11-Nov-2021 since that time owner not returning the money, he saying until another party not come will not return the money. Even though we have tried to renew the agreement until he gets another party he's not responding the same.
Recently some persons from the bank came and said the owner not paying EMI's they filed a case in the court, they are saying once the court gives an order we have to vacate the house.
We have created an online leave and license agreement.
Can you please advise on the below things:
1)The bank or Court has the right to vacate us, even though the owner is not returned my complete 11 Lakhs
2) If I send a legal notice to the owner at this time can I get my money?
A.Dear Sir,
Now you cannot send any legal notice as matter is sub-judice. However, you are not supposed to vacate the same and normally court cannot order for vacating the same unless they deposit your amount in the Court.
If the bank or court seizes the property then you as well would have to move out.
Yes, you can send a legal notice to the landlord for returning your money. If he doesn’t take any action regarding it then you can file a case against him.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.To give opinion, it is necessary to scrutinize that Leave and License Agreement for its terms and condition. It is also necessary to know, whether those bank personnels' provide you the copy of summons of Court's process or not.
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