No time limit for eviction of tenants in lease case
gd choudhary
(Querist) 18 September 2011
This query is : Resolved
116 of tpa act.
Effect of holding over
If a lessee or underlessee of property remains in possession thereof after the determination of the lease granted to the lessee, and the lessor or his legal representative accepts rent from the lessee or underlessee, or otherwise assents to his continuing in possession, the lease is, in the absence of an agreement to the contrary, renewed from year to year, or from month to month.
suppose lease is for 1950 to 1970 but lessee did not evicted till date and no notice for determination of lease was ever sent,
whether as per time limits of limitation act lessor has lost its rights to claim possesion,please give your opinion,
and also give your opinion on my opinion i.e. time limit as per limitation act is 12 years from the date tenancy is determined,here the tenancy is automatically determined by means of effflux of time in 1970,but if we apply transfer of property act sec 116 tenancy is
automatically renewed by year to year /month to month .this means your time limit for taking possesion from the tenant will start only when the so called year to year tenancy (tenancy by holding over) is determined by sending the notice to the tenants.
so please give your opinion ,whether the lease property given for 1950 to 1970 can be taken back in 2011.
prabhakar singh
(Expert) 18 September 2011
I think EXCEPT the paragraph QUOTED BELOW the rest is your own assumptions on which you have not sought any comment.
NOW COMING TO QUERY "give your opinion ,whether the lease property given for 1950 to 1970 can be taken back in 2011."
IT appears the tenancy was a 'fixed term lease'which expired ipso facto on some date in year1970 till then,the lessee was a DEJURE lessee/tenant.
But neither the tenant vacated and handed hover possession of leased property,nor did
land lord evicted him.
And tenant continued in possession,also continued to pay rent post to 1970,which the land lord/lessor continued to receive,
hence LEGALLY SPEAKING THE TENANCY AND RELATION BETWEEN THE LESSEE/TENANT AND LANDLORD/LESSOR AFTER 1970 BECAME defacto.
And this relation is continuing till date.
Such a lease/tenancy can be determined under provisions of section 106 of TPA and a suit of EVICTION at the instance of landlord/lessor can be DOUBTLESSLY filled even on this date in year 2011,which may be subjected to urban tenancy laws in state if leased premises is a building regulated by any such enactment of the State.
The tenant/lessee has no occasion in law to plead ADVERSE POSSESSION [for which perhaps your query is]in such a suit as his entry in the property is well proved to be permissive and by consent of land lord/lessor.
I hope you get the point homenow.!!!!!!!!!
Raj Kumar Makkad
(Expert) 18 September 2011
Choudhary ji! You have asked this query from me in my PM and I have also replied in detail as sought. The opinion of prabhakar singh, mine and you are common so take action immediately rather moving here and there for asking, asking and further asking. already you have wasted more than 45 years. Issue notice as advised.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 September 2011
Since rent is being accepted how you can evict.
Regarding month to month or year to year lease , it will depend upon the expertise of the opponent advocate. In all such cases we claim yearly lease and the burden is on the landlord to prove it it not.
prabhakar singh
(Expert) 18 September 2011
He is in Bengal,and you are in Maharashtra.
gd choudhary
(Querist) 18 September 2011
very thanks to prabhakar singh ji and raj kumar makkad ji for answering my query:)
but sir practically rent receipts are given to tenant by landlord as acknowledgment of cash received,therefore this document goes
to tenant,
how can landlord show rent receipts in court as evidence
girish shringi
(Expert) 23 September 2011
Whenever one is issuing any cash receipt the duplicate of it always with him and one can take confirmation to it by the payer.
If you have not implemented that practice than start it and make the evidence henceforth.
