Eviction

Querist : Anonymous (Querist) 25 January 2012 This query is : Resolved
My client had leased out a mulgi to one person and he had paid some amount as security deposit returnable after the expiry of lease. now the tenant has sublet the premises to some one else without the consent of the landlord. In the meantime the tenant has sent a legal notice stating that he is ready to vacate the premises provided the security deposit is returned to him my client sent a reply notice stating that he is ready to return the amount after adjusting the amount due towards the rent due from him. inspite of this he has not come forward to vacate the premises. in the meanwhile the subtenant says he wants to pay the rent directly to my client since when he took the mulgi on lease he was not aware that my client was the actual owner. my query is should i file a suit for recovery of possession based on the letter written by the tenant and what should my client do with the offer of the subtenant should he accept the rent from him. can you also tell me what to do if the matter falls under the rent control act the property is situated in hyderabad and ap rent control act will apply since the rent if Rs.2000/- where as the subtenant is paying Rs. 11000/-

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Raj Kumar Makkad (Expert) 25 January 2012
Your client should issue a legal notice under section 1-6 of TP Act intimating of cessation of lease by citing correspondence and thereafter should file petition seeking recovery of possession. You may demand 10 times of mesne profits/rent for the period, the tenant do not provide vacant possession to your client.

M/s. Y-not legal services (Expert) 25 January 2012
"You may demand 10 times of mesne profits/rent "-its existing law or court's discretion makkad sir?

-tom-

Raj Kumar Makkad (Expert) 26 January 2012
This is in consonance with the verdict of court.

prabhakar singh (Expert) 26 January 2012
iF MATTER FALLS UNDER SOME RENT ACT THEN BE KIND ENOUGH TO TELL OF WHICH STATE THE MATTER IS ? WHY ARE YOU LEAVING IT FOR OUR GUESS.

MANY POSSIBILITIES ARE THERE BUT IN ABSENCE OF PROPER FACTS ALL MAY TURN WRONG.

M/s. Y-not legal services (Expert) 26 January 2012
thank you makkad sir..

-tom-

V R SHROFF (Expert) 26 January 2012
Tenant cannot sublet .
He can be evicted only on this ground, that he no more need the rental premises, and violated the law.

Raj Kumar Makkad (Expert) 27 January 2012
welcome tom.

Advocate. Arunagiri (Expert) 27 January 2012
How a landlord can demand 10 times of the rent, if he is not vacating the premises.

Is there any case law. It will be useful to me.

Mr.Makkad please help me to update.

Querist : Anonymous (Querist) 28 January 2012
sir,
can you tell me which law will apply if the sub tenant is paying 11000 and the original tenant is paying 2000/- as rent. the agreement is only with the original tenant if an eviction suit is to be filed against the original tenant it will be under the rent control act I will have to make the sub tenant also a party. he is paying 11000/-pm to the tenant as rent. now if i have to evict both of them which is the law applicable is it rent control or Transfer of property act

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