Urban Area Rent Control Act of Assam
Querist :
Anonymous
(Querist) 11 April 2011
This query is : Resolved
In a Suit for Eviction, Khas Possession & Realization of Arrear Rent. The Proforma-Defendant is the original Land Lord. The defendant/tenant occupying and peacefully enjoying the suit premises/shop room more than 20 years without any obstruction from any corner as well as without any fresh written agreement since last five years or without issuance any money receipt by the Proforma Defendant/ Original Land Lord for payment of house rent. subsequently in the year 2008 the Proforma Defendant/ Original Land lord sold the suit premises/shop room to the Plaintiff/Present Land lord through Registered Sale Deed without given any prior intimation/information to the defendant/tenant. When the defendant/tenant came to know the facts he stop payment the house rent to the Plaintiff/New landlord from November 2008. Thereafter the Plaintiff/ New landlord served legal notice to the defendant to vacate the suit premises but the defendant did not reply the same. Subsequently the Plaintiff/New Landlord filed the suit as the defendant is defaulter and bonafide requirement. But the suit premises is only livelihood and sole business establishment of the defendant/tenant and he willing to purchase the suit premises as per the market price.
I am conducting the case for the Defendant/tenant side.
Now my question is that,
1. What reliefs and/or defence pleas are available to the defendant/tenant as per the law in this suit ?
2. Whether there is any section in T.P. Act or any other legal principle which required to give prior information to the defendant/tenant before sold the suit premises by the original landlord to any person during the continuation of tenancy ?
3. Whether the defendant/tenants claim adverse possession over the suit premises and for which any counter claim is required, if yes, then how calculate the valuation of the counter claim ?
4. Whether the defendant entitled any other relief in this suit ?
5. Whether the defendant is treated as defaulter in the eye of law and liable to be evicted?
6. Can you provide some reference of case laws which help me in this suit ?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 11 April 2011
the tenant can be evicted for default of rent. Pay immediately the default rent in the court. All others have no meaning.
Querist :
Anonymous
(Querist) 11 April 2011
Therefore you mean that, no any protection is available to the defendant/tenant in this suit?
barun deka
(Expert) 12 April 2011
See the plaintiff has to also prove that your party had attorned him as the landlord.
Unless there is a valid attornment there can be no relationship of landlord and tenant.
To prove a tenancy relationship is the first requirement.
Regarding the transfer by the landlord-
Check Section 109 of the Transfer of Property Act.
As regards the idea of adverse possession, junk that.... Section 116 of the Evidence Act is out and out hurdle.
A lot will depend on what the proforma defendant says
Querist :
Anonymous
(Querist) 14 April 2011
can you explain please, what do you mean by, " Section 116 of the Evidence Act is out and out hurdle", in your valuable suggestion.
barun deka
(Expert) 18 April 2011
A tenant is estopped from challenging the title of a landlord under Section 116 of the Evidence Act. Therefore the plea of adverse possession does not hold good. it has in view of that been held in a number of decisions as "once a tenant, always a tenant".
Querist :
Anonymous
(Querist) 18 April 2011
1. Whether there is any provision in Transfer of Property Act that, before transfer the tenanted premises, the Landlord must intimate to his tenant regarding transfer of the tenanted premises ?
2. Whether there is any provision in Transfer of Property Act or Rent Control Act of Assam, that, a priority should be given in writing to the Old or existing tenant before the landlord transfer the tenanted premises to any other person ?
