Provisions with regard to standard rent not to apply to certain premises. From the commencement of this Act, the provisions relating to standard rent and permitted increases shall not apply to any premises let or given on license in a building, whether newly constructed or otherwise where such premises were not let or give on license for a continuous period of one year.
Section- 55. Tenancy agreement to be compulsorily registered
- 55(1) Any agreement for leave and license or letting of any premises, entered into between the landlord and the tenant or the licensee, as the case may be, after the commencement of this Act, shall be in writing and shall be registered under the Registration Act, 1908.
- 55(2) The responsibility of getting such agreement registered shall be on the landlord and in the absence of the written registered agreement, the contention of the tenant about the terms and conditions subject to which a premises have been given to him by the landlord on leave and license or have been let to him, shall prevail, unless proved otherwise.
- 55(3) Any landlord who contravenes the provisions of this section shall, on conviction, punished with imprisonment which may extend to three (3) months or with fine not exceeding rupees five thousand (5000/-) or with both.
Section 24. Landlord entitled to recover possession of premises given on license on expiry.
- 24 (1) A licensee in possession or occupation of premises given to him on license for residence shall deliver possession of such premises to the landlord on expiry of the period of license; and on the failure of the licensee to so deliver the possession of the licensed premises, a landlord shall be entitled to recover possession of such premises from a licensee, on the expiry of the period of license, by making an application to the Competent Authority, and, the Competent Authority, on being satisfied that the period of license has expired, shall pass an order for eviction of a licensee.
- 24 (2) Any licensee who does not deliver possession of the premises to the landlord on expiry of the period of license and continues to be in possession of the licensed premises till he is dispossessed by the Competent Authority shall be liable to pay damages at double the rate of the license fee or charge of the premises fixed under the agreement of license.
- 24 (3) The Competent Authority shall not entertain any claim of whatever nature from any other person who is not a licensee according to the agreement of license.
Explanation- For the purposes of this section, –
- (a) the expression “landlord” includes a successor-in-interest who becomes the landlord of the premises as a result of death of such landlord; but does not include a tenant or a sub-tenant who has given premises on license.
- (b) an agreement of license in writing shall be conclusive evidence of the fact stated therein.
Section- 28. Inspection of premises.
The landlord shall be entitled to inspect the premises let or given on license, at a reasonable time after giving prior notice to the tenant, licensee or occupier.
- Section 7(3) – “Landlord” means any person who is for the time being, receiving, or entitled to receive, rent in respect of any premises whether on his own account or on account, or on behalf, or for the benefit of, any other person or as a trustee, guardian, or receiver for any other person or who would so receive the rent or be entitled to receive the rent if the premises were let to a tenant.
- Section 7 (5) “Licensee”, in respect of any premises or any part thereof, means the person who is in occupation of the premises or such part, as the case may be, under a subsisting agreement for license given for a license fee or charg
- Section 7 (4) “legal representative” means a legal representative as defined in the Code of Civil Procedure, 1908, and includes also, in the case of joint family property, the joint family of which the deceased person was a member.
Section 2 (11) of Civil Procedure Code 1908
- ” legal representative ” means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the estate devolves on the death of the party so suing or sued.
- In Another sense legal representative ‘’means a person who stands in the place of, and represents the interest of another called legal representative. A person who supervises the legal affairs of another. Like executor or administrator of an estate and a court appointed guardian of a minor or incompetent person.
Power of Attorney
- A “power of attorney” is a legal instrument whereby one person gives another person the authority to act on his or her behalf as his legal representative, and to make binding legal and financial decisions on your behalf.
- Power of Attorney Holder- The person who is granting the authority is called Grantor, Principal, Executant or etc. and the person who is receiving the authority or a person who is authorized by donor legally is called the Power of Attorney Holder etc