RE: LEGAL OPINION REGARDING NEXT COURSE OF ACTION IN RESPONSE TO THE LEGAL NOTICE SERVED BY LAND LADY, BANK 1.
We refer to your letter no………………… dated 29 September 2007 on the above subject.
From the perusal of your letter and other documents it is apparent that an offer to rent was given to the branch Manager, BANK 1 (“the tenant”) for its premises by MS. A (“the land lady”) vide letter 02.12.1998. One of the conditions (clause 6) of the letter was that the land lady would not take monthly rent from the tenant for the maximum 6 months considering the special circumstances of the tenant. But the said incentive would not be applicable from the day when the special difficulties would over. Later on a lease agreement vide dated 25.01.1999 was executed between the tenant and the land lady where the above mentioned condition was omitted. Now the land lady is claiming the arrear rent of those unpaid months.
In these circumstances, you have referred the matter to us for our opinion regarding next course of action in response to the claims raised the land lady.
The terms and conditions of the lease agreement vide dated 25.01.1999 which was executed between the tenant and the land lady, where the incentive of maximum 6 months rent was omitted, would prevail over the offer where the land lady offered vide letter 02.12.1998 to the tenant that she would not receive the rents of maximum first 6 months if the special difficulties of the tenant would remain. There is no validity of any term of any offer, if it is omitted in the later agreement executed between the parties regarding the same subject-matter. The tenant had contented to the omission of the said incentives in the lease agreement by signing the agreement before the witnesses. The inadvertent omission of any term in the lease agreement revealed after about 8 years would not help the tenant to have the above mentioned incentive unless such omission is rectified in favour of the tenant by the other party of the lease agreement, i.e. land lady, by an amendment of lease agreement vide dated 25.01.1999. The terms and conditions of the lease agreement have created binding force upon the tenant. As such the tenant should repay the arrear.
If you have any further inquiries please do not hesitate to contact us.
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