Mumbai rent act
arunkumar
(Querist) 29 March 2019
This query is : Resolved
100 years old building collapsed and all the tenants had vacated 7 years prior to this.New building is constructed by landlord without noc from us as a tenant.A case is filed against the 9 successors out of 27 successors of the said property because addresses and whereabouts of them is not known. the cantonment board record is having the title names of 5 which are already dead.One of the successor has accepted the court summons and appeared without appointing the lawyer.He insisting the court to serve the summons on all the 27 successors and then he will appoint a single lawyer with their understanding.Thus unnecessary delaying the matter. we have no possession of our rented premises. is it possible to take the matter to higher court.It is very difficult to find the where about of all the successor advise for speedy decision
Dr J C Vashista
(Expert) 30 March 2019
Consult and engage a local prudent lawyer with relevant documents for better appreciation of facts, guidance and proceeding.
arunkumar
(Querist) 30 March 2019
Thanks for showing interest but my lawyer says all the sucessor owners of the property should be served with court summons and if they dont turn up then only the court proceedind starts.seems very lengthy proces will take years.
arunkumar
(Querist) 30 March 2019
Can anybody advice better option?
arunkumar
(Querist) 30 March 2019
Thanks for showing interest but my lawyer says all the sucessor owners of the property should be served with court summons and if they dont turn up then only the court proceedind starts.seems very lengthy proces will take years.
Kishor Mehta
(Expert) 30 March 2019
(1) If the tenants have been paying the rent or if they have shown willingness to pay the rent for all the years that they have vacated the building, then and only then their claim to tenancy is valid. (2) NOC from the tenants is not necessary as they have vacated long before collapse of the building . (3) With the consent of the Court Landlord can publish a notice in local newspaper for the rest of the tenants. (4) "insisting the court to serve the summons on all the 27 successors and then he will appoint a single lawyer with their under standing" is not a valid argument.
arunkumar
(Querist) 31 March 2019
my lawyer says without serving summons to all the respondents the court will not proceed further technically.
Sb Karma
(Expert) 31 December 2019
Yes he is right....he actually go through facts and docs of case...so trust him he is right.
Sb Karma
(Expert) 31 December 2019
Just serve notice...if they will not response then court will start their hearing...but first need to noticed them
