Pls guide

armaan kapoor (Querist) 08 April 2014 This query is : Resolved
Dear experts,

In our bldg landlord is missing. A proposed society is collecting maintenance since 10 yrs. one old tenant transferred his permanent long lease for a huge amount and the society accordingly transferred the maintenance receipt in the new tenants name. Now the old tenant says that he can't transfer his rights and has filed a suit for eviction of the new tenant.
Pls guide under which provision can such a right be transferred.

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armaan kapoor (Querist) 08 April 2014
Old tenant has filed suit for licensee eviction. (There is no leave and license agreement). The new tenant has challenged the jurisdiction of the small causes court.
Pls help

ajay sethi (Expert) 08 April 2014
when did your landlord go missing ? who are his legal heirs? was society formed with consent of landlord? for transfer of tenancy rights you need landlord consent .

Dr J C Vashista (Expert) 09 April 2014
Incomplete information and hypothetical query

Devajyoti Barman (Expert) 09 April 2014
Yes put it correctly.
Eviction suit generally lies in Small Causes Court only.

T. Kalaiselvan, Advocate (Expert) 09 April 2014
Seems to be hypothetical, please furnish more details for proper opinion.

Rajendra K Goyal (Expert) 12 April 2014
State full facts.

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