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How tanent can get protection against eviction

(Querist) 03 April 2014 This query is : Resolved 
Dear Sir,

I have had agreement(Rs.10 stamp paper) with landlord at New Town,Kolkata for 11months which has just expired on 31st March'14. Though the agreement has clause to extend the tenancy further with increased rent and I had verbally told landlord at the beginning of the agreement that I need to continue to stay till December'14 and he was agreed at that time.But agreement extension has not yet done. Mean time landlord has sold the flat to other person without giving me any written notice to vacate. Though ownership handover/ registration is pending and its going to happen in 2nd week of April'14. Now Landlord is asking me to pay the rent for month of April'14 and willing to give receipt for the same. But my worry is once ownership handover/ registration done by middle of this month and then if the new owner ask me to pay the rent for this month again, in that case what kind of legal help I can get. In that case Can I approach to West Bengal Tenancy Tribunal for help.
Can any one please help me. Its very urgent.
Dr J C Vashista (Expert) 04 April 2014
Firstly you are the tenant of neither the previous owner nor new owner (tenancy is no impediment/ bar in transfer of title i.e., ownership rights).
In case present owner is willing to continue you as his/her tenant, get a fresh agreement executed, pay the rent and enjoy the property.
D Chhatait (Querist) 04 April 2014
Thanks Sir for your valuable suggestion.
New owner is ready to let me stay. Now problem is both the owner(as registration of ownership is yet to be done, will happen next week) wants the rent for month of April to be paid to them separately. they are not discussing this among themselves and shorting it out. Instead they are separately asking me to pay the rent to them. But I can't pay double rent to them.
At this situation or say if situation worsen can I get any legal help?
Would appreciate if you could help me.
Rajendra K Goyal (Expert) 04 April 2014
Avoid paying rent till old and new landlord jointly direct or get the lease extended by the old landlord and pay him the rent.
D Chhatait (Querist) 04 April 2014
ok. Thanks for Help.
Guest (Expert) 04 April 2014
Unless both the seller and buyer decide mutually, they are entitled to proportionate rent based on the dates of end of ownership of the seller and beginning of the ownership of the buyer.
T. Kalaiselvan, Advocate (Expert) 05 April 2014
Mr. Dhingra has rightly observed and opined. Both the owners are proportionately entitled for the rent, however, please ensure that the tenancy has been extended as on the date.
Sudhir Kumar, Advocate (Expert) 05 April 2014
agreed with experts above.
ajay sethi (Expert) 05 April 2014
agree with Dhingraji
D Chhatait (Querist) 06 April 2014
Thanks a lot for all the valuable opinions.


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