Landlord - tenant issue


What is the definition of a "Tenant" according to Section 106 of the Indian Transfer of Property Act.

Situation is like this:
Husband wife residing in a rented house. Husband is the only signatory for the rent agreement.
Husband and wife started fighting and have filed for divorce.

Husband subsequently vacated and is refusing to pay rent. Wife is not vacating. Hence, husband cannot technically vacate the premises and terminate the agreement. Husband is also unwilling to throw out wife's possessions.

Question 1: In a civil case, can wife also be implicated? If so on what grounds. She has no role in the agreement.
(If she gets implicated, she will vacate because she does not have financial willingness to fight out.)

Question 2: What is the definition of "Tenant" according to section 106.

 
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Question 1: In a civil case, can wife also be implicated? If so on what grounds. She has no role in the agreement. (If she gets implicated, she will vacate because she does not have financial willingness to fight out.)

 

 

provision of maharashtra rent control are very wide

in case you have unreegistered agreement then show it as peremanent tenant file civil suit before small cause court

yes wife is an tenant in your case  though she has no role in the agreement 

get an order from the court if she is tenant having unregistered agreement

 

if you have registered leave and license agreement  with oyur tenant then file case against the husband under section 24 of maharashtra rent control act before competent authority bandra for eviction she will appear and she will make an application to the competent authority for adding herself as party to the case 

 

 

 
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