Specific relief act 1963
Querist :
Anonymous
(Querist) 20 January 2012
This query is : Resolved
we have a shop on rent . the owner filed a civil suite to vacation against us but he failed to establish the case. now he sold the entire property including our rented shop. the new owner pressuring us to vacate. we r filing a suite against previous owner according to our laywer in specific relief act. is it right way
ajay sethi
(Expert) 20 January 2012
if you are a tenant and suit for eviction against you has been dismissed you continue as tenant . sale of property by landlord wont make differnce in your case .
you have to pay rent to your new landlord . dont succumb to pressure
Shailesh Kumar Shah
(Expert) 20 January 2012
what is the cause of this suit?
Previous owner have no locus standi as per information provided by you.
Advocate M.Bhadra
(Expert) 20 January 2012
It is not right way,inducted as a tenant not a Specific Contract between tenant and landlord,if there is no injunction then landlord can sell the property. If already sold then you can file a suit for Declaration and Injunction against the present landlord in Civil Court.
Querist :
Anonymous
(Querist) 20 January 2012
the landlord sale the property without our knowledge to landmafia group. the said new owner dismantled the building leaving our shop and now pressuring to take some money and leave. so that we contact our previous advocate. he advised us to file a civil suite to get stay for stoping the new purchase.
Querist :
Anonymous
(Querist) 20 January 2012
my father get this shop on rent in 1966 , he died in 1978. after that we are running this shop and paying rent through court deposting in his bank account as per court order.
M/s. Y-not legal services
(Expert) 21 January 2012
is any rental agreement between yours?
specific performance on which agreement?
just make your query clear..
-tom-
Querist :
Anonymous
(Querist) 21 January 2012
the court has declared us tenant of shop and directed to deposite rent in land lord account. is it come in an agreement?
V R SHROFF
(Expert) 21 January 2012
Let owner changes 100 times, YOUR STATUS AS TENANT DOES NOT CHANGE.
Land Mafia will allot shops to all who will not leave the premises, or Mafia will pay handsome money to handshake and go.
I appreciate contributions of Land Mafias, and BHAI's & Sheths, that converted Mumbai to Singapore with lots of High Rise Buildings of Superb Quality. They changed the entire picture of Mumbai in last 5 years..
Law cannot do it.
I will appreciate if they start solving Divorce Problem too, Lots of harassed husbands, and suffering wives will get immediate happy relief.
Because of Laws protecting Tenants, no new structures were coming up, and no one construct building to give to tenants.
Because of law protecting Women, and against Divorce, takes years, or whole Life, couple suffers. Majority go for settlement, MONEY 15-25 L NO HONEY.
So why worry Land Mafia?? Their CUT, result fast & effective relief, , is far better than present scenario of Law. & its Dead Slow Administration.[Court harm more than cure] [U mean Court do not charge FEES, if Land Mafia Charges their Cut??]
Nothing survives that do not help society at large. Their Survival & Growth proves they are serving People. Same is with corruption.
Your 50 years old shop need new construction. Only Mafias can conert your property of Lakhs into Crores, with ultra modern Look. Be with them, and prosper.
Do not Worry.
Choice is yours. Do not afraid of Mafias,
Raj Kumar Makkad
(Expert) 21 January 2012
Shroff should advise PM of India who is surrouded with various problems these days and also to CJI who has backlog of over 4 crore cases all over India,
Raj Kumar Makkad
(Expert) 21 January 2012
Your earlier lawyer has given a right advice to you but he might have advised for filing pre-emption suit rather of specific performance. Confirm from his again.
Querist :
Anonymous
(Querist) 21 January 2012
he has sold the property, does pre emption will apply.. the prorety is situated in small town of rajasthan.
prabhakar singh
(Expert) 21 January 2012
Any land lord can sale his property.
Due to sale now the buyer from your previous land lord is owner hence your land lord now.
If he wants to evict you by force a suit of injunction can be filled against the owner- new land lord.
Deepak Nair
(Expert) 21 January 2012
Well advised by the experts.
H. S. Thukral
(Expert) 21 January 2012
file a suit for permanent injunction restraining the owner/new owner from ejecting you without due process of law.
Raj Kumar Makkad
(Expert) 21 January 2012
right to preemption is only available to the tenant which can be applied within one year of sale.
