The names of the licensor and the licensee should of course be mentioned. Make sure that the person who presents themselves as the owner is really the owner. One of the ways to check is to ask for the contract of sale of the apartment/house you will be renting. Also make sure that the agreement does not create any relationship with another natural or legal person. A license is deemed revoked if the property is destroyed or modified by force majeure so that the licensee can no longer exercise his right. This provision is similar to the provision in section 108(B)(e) of the Transfer of Property Act, 1882 (which regulates leases), the common elements being “the permanent destruction or alteration or incapacity of property”. It can therefore be difficult, even for a licensee: to resort to section 62 (d) of the law, since the current blockage or pandemic would not lead to the destruction or lasting modification of the property, but would stop it only for the use or occupation of the property in question, which would lead to the invocation of the force majeure clause r / w section 32 of ICA, 1872 (if the clause exists) or doctrine of frustration r / w section 56 of ICA, 1872. The pandemic has created a heavy financial burden for the country and its citizens. The inability to pay the royalty/rental by a licensee/tenant is a very possible reality, which makes them unable to fulfill the conditions of the agreement/certificate to which they are legally bound. This, in turn, will result in a large number of litigation before the courts. It is important to keep in mind that even if the force majeure clause includes a case of force majeure or a natural disaster, it should be considered whether the courts would consider the pandemic as a case of force majeure/natural disaster and would allow tenants/licensees to suspend their obligations.
In the interpretation of treaties, the courts are free to adopt a view based on justice and to exercise their intrinsic prerogatives, given that the law that has developed through various judgments, including the judgments cited here, has never dealt with an unprecedented situation, similar to the current pandemic/lockdown. Most leases are signed for a period of 11 months, which avoids stamp duty and other fees. We all know that the leave and license agreement is covered by what law. Under the Registration Act of 1908, registration of a lease is mandatory if the term of the lease is greater than or equal to 12 months. The doctrine of force majeure is reflected in section 56 of the Indian Contract Act of 1872. Previous precedents have referred to Section 56 as a doctrine of frustration. Section 56 provides that an agreement to perform an impossible act is in itself unregious. Accordingly, it provides for the cancellation of a contract relating to an act that becomes impossible or illegal after the conclusion of the contract due to an event that the promiser has not been able to prevent if the act becomes impossible or illegal..
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