Pagadhi system
Roshni
(Querist) 17 February 2010
This query is : Resolved
Hi all,
I am Roshni Verma and wanna advise for the following civil matter.
Mr. A is in exclusive physical possession of shop admeasuring 250sq.mt. from last more than 50 years. The Owner of the land is expired now leaving behind 2 sons. One of his son approached Mr.A asking for NOC to redevelop the place. Mr.A is not having any rent receipt being a tenant as he was never asked for rent after the landlord expired. Apart from rent receipt he have all the property paper's on his name i.e., income tax recipet of every year, water and electricity bills, Challan of shops etc...Mr.A had also file Declaration suit in small causes court asking for declaring him as a tenant but since nobody appeared as summons were not accepted case was disposed.Now landlord's sons has taken all the required permissions and sanctions from BMC to redevelop the place without obtaining Mr.A's NOC and he is threatening Mr.A to vacate the place.
In such circumstance, what Mr.A as a tenant should do? Will he get the possession if filed case in court wihtout having any rent receipt on his name?
Kindly advise soon.
Waiting for your reply.
Manish Singh
(Expert) 17 February 2010
for the purposes of restructuring, the landlord can ask the place to be vacant for certain period as prescribed under the rent act of your state.
so move the proper court (under the rent act) which may ask you to vacate the premises for certain period but again, the court shall order the landlord to give possession back to you within certain period.
Parveen Kr. Aggarwal
(Expert) 17 February 2010
In case of threat of unlawful dispossession, Mr. A being a tenant can file a suit for permanent injunction seeking restraint order against the landlord (sons of deceased landlord) to the effect that he be not dispossessed except in due course of law. Possession of rent receipt is not absolutely necessary to prove tenancy. Tenancy and possesssion as tenant can be proved with the help of other documents mentioned in your query. You can also get a local commissioner (ex parte) appointed from the court who may report (supported by photographs drawn with the help of photographer)about the possession of Mr. A over the shop.
Even if a tenant does not have rent receipts, the landlord cannot forcibly disposssess him and can recover rent or possession only through the process of the court.
