Tenancy rights after rented premises collapsed due to rain

arunkumar (Querist) 17 October 2017 This query is : Resolved
A rented premises almost 100 yrs old collapsed due to heavy rain on 5 th august 2016.Half of the structure is intact and my rented potion is totally destroyed and all the debris has been removed by cantonment department. Now the landlord is trying to patch up the remaining half portion without demolishing it.but not repairing our rented side. Is it possible to get a stay for his work from small cause or district court or we have to approach the high court for it.We were not staying in that rented place since ten years but we used to pay our rent till may 2016.This place is in pune cantonment area where the land is on lease.Pl require suitable advise.

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Guest (Expert) 18 October 2017
I will be honest your case is legally weak and need careful handling a lot.
Additionally, you are stating it is lease land, I know vast tract in Pune cantonment is lease land but such property cannot be sublet etc.
Additionally you are claiming rights under Maharashtra rent control act 1999 (as protected tenant) but again there is provision that if tenant doesn't reside for 6 months landlord can terminate tenancy again here there is severe problem , Cantonment board must be owner of land , so transaction between lease and you may be illegal in eyes of law (Most probably) . Solution is from person who gave you premises that first he converts lease land into freehold (If scheme is there )

I will suggest don;t take legal dispute settle personally, tell lease of land to check if he can convert into freehold from cantonment by paying premium etc. (Not sure if the scheme is there) and then your further rights can be legally established. Else there can be severe complication

Guest (Expert) 18 October 2017
Why should you pay the Rent while not staying there for 10 years

Guest (Expert) 18 October 2017
Legally yours will not be a strong/good case if you file a Suit.

Rajendra K Goyal (Expert) 18 October 2017
Nicely advised, agree with the expert Madhu.

Ms.Usha Kapoor (Expert) 06 July 2018
I Agree with Madhu

arunkumar (Querist) 07 July 2018
Cantonment land is old grant and not free hold .U can not change the status .no response from cantonment

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