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bharat (CEO)     19 April 2013

Tenancy right

I have shop in old Delhi, which is on rent since 1940. Tenenancy was between my uncle as head of family & Mutwali of WAKF of  NOROODIN. on monthly rent  includung all taxes.under Delhi Rent control Act.

In the year 1972 my uncle expired and fresh tenancy agreement was written between Mutwali of WAKF of NOROODIN and my father ,My cousin  & another cousin .

My one cousin expired in 1977 and rent receipt by the mutwali in the name of my father & another cousin.

In the year 1984 my father expired and we wrote to mutwali that we are legal hiers of  father( mother & we four brothers ) ..and in reply of that he terminate the tenancy of  my cousin.

But he was not mention ing the name on receipt. only one cousin name was mentioned on the receipt.

On feb,  2013  other cousin was died and mutwali did not come to collect rent , i sent Through registered post.

In reply of that his counsel sent reply that in what capacity i have sent rent cheque as all his tenant died . so no tenancy is exist  & no one approached to the mutwali as legal hiers of legal tenant 

What i have learnt that suprem court also in certain case gave decesion on inherietance of tenancy right . 

I wanted to know that status, cant we be stautory tenant in law .Wakf memeber are staying in Delhi , Bhopal And in Pakistan.Can he evict the property through legal channel or not.

Please through some light on this issu



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