Legal Rights
Noor Mohammad
(Querist) 27 April 2011
This query is : Resolved
Dear Sir
I want to know what is the Tenancy rights and landlord rights.
Does tenant have right to sell the property.
How much % landlord liable to collect from tenant when he sells to other.
Landlord can remove all tenants any time withoute any reason or o/standing rent not paid.
if rent not paid for several years then landlord can remove the tenant.
awaiting for your reply.
Thanking you.
M.Sheik Mohammed Ali
(Expert) 27 April 2011
1. never tenant sell the property any one.
2. you can file cheating and infreingment of contract, and take criminal action against tenant.
3. the landlord with out reason to remove from the tenant the premises
4. if the tenant not paid the rent you can send the notice for default payment and remove from rental house
Raj Kumar Makkad
(Expert) 27 April 2011
“tenancy” means a parcel of land held by a tenant of a landlord under one lease or one set of conditions; and “tenant” means a person who holds land under another person, and is, or but for a special contract would be, liable to pay rent for that land to that other person; but it does not include-
(a) an inferior landowner; or
(b) a mortgagee of the rights of a landowner, or
(c) a person to whom a holding has been transferred, or an estate or holding has been let in farm, under the Punjab Land-revenue Act, 18871, for the recovery of an arrears of land-revenue or of a sum recoverable as such an arrears ; or
(d) a person who takes from the 2[Government ] a lease of unoccupied land for the purpose of subletting it;
Now I come to your query. The tenant can never sale the property and even landlord can also not do so until he is also an owner of property. This means some other person than real owner can also become landlord.
Even if rent of various years is recoverable from tenant, landlord cannot throw him out at any time rather he can move a petition under Rent/Tenancy Act as the case may be, of his State before Rent Controller or Tehsildar and shall claim arrears and eviction on the grounds mentioned therein.
