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Prem Dhawan (service)     08 August 2012

Evicting a tenant

Society flat @ Sec-45 Gurgaon
Lease: 11 months non-renewable, but a new lease after expiry

* Is there any period (4, 5, 10, ... years) after which its more difficult/impossible to evict a tenant? Basically, does the tenant get more rights (to stay permanently) after few years or his rights are still same/limited irrespective of for how long the tenant has been staying in the apartment?

Thanks a lot.



Learning

 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     08 August 2012

Once a tenant always a tenant, a tenant may stay for 100 years he still won't acquire any ownership rights. However normally it is seen that tenants claim ownership by adverse possession, the principle of adverse possession postulates that when a a person possesses propertty adverse to the real owner - without the latter taking any action, for 12 years - the propertty becomes vested in that usurper of possession. If the tenant continues to pay rent or accept his tenancy and does not claim ownership in himself no amount of stay can make him the owner. 

UJAS DHARAMSHI (Corporate Lawyer)     09 August 2012

Agree Absolutely with Ld. friend Bharat.

shiva (owner)     09 August 2012

1.Can a tenant stop a sale/purchase of a premises if he is there since more that 40 years ? How ?

2.Can a tenant becomes a owner if anywhichway he claimed against a sale/purchase of the property ?

 

Ankush Saraf (-)     24 August 2012

Hello, I am currently a Law student and seeking help.

Please Help Me.

A - Landlord

B - Tenant

C - Sub - Tenant (Younger Brother of B)

C1 - Son of  B

D - Builder (New Landlord)

E - Builder (Brother of  D) running a Company

F - Builder (Brother of  D) running a Company

G - Abc. Company formed by  D ( D, E  & F  as the Partners of Abc. Company )

B  use to stay in a tenanted Room, owned by  A.  In the year 1959 - 60,  B  called  C  to stay with him & within a year  B  shifted his house allowing  C  to stay in the same tenanted Room where  B use to stay ( tenancy was not Transferred in the name of  C ). C  dies in late 1880's.

In the Year 2006 - 07,  A  sold his Premises  to  D. Within 2 Yrs.  D  Formed that  Abc. Company  ( G )  with his brothers.  C1   is regularly paying his rent even though  D  has never asked for.  C1  has Rent Receipts issued by  D in the name in the name of   B   and after formation of the Abc. Company,  G  has also issued Rent Receipts to  C  in the name of   B.

 

And now in Aug - 2012, G  (Abc. Company) states that   C1   is an Unlawfull Tenant under section 16 (1)(e) of Maharashtra Rent Control Act, 1999 and wants  C1  to handover him quiet, vacate and peaceful possession of the premises within 30 days. At this present stage  C1  has paid  to G  his Rent upto March 2013 and possess the Rent Receipts Issued by  G.

G  even states that  B  has unlawfully & illegally  sublet the said tenanted room and  G  is Terminating the tenancy of   B.

My question : what should  B  &  C1  do in this case ??

There was no objection from   A  when he was the Ladlord (for so many years) and even  D  had no objection when he bought the premises from  A  and after buying the premises, a couple of yrs have also passed and now   G  is raising an objection..?

 

Thank You.


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