Tenanted property in dispute
KETAN J SHAH
(Querist) 17 November 2012
This query is : Resolved
1)The Original Tenancy was in the name of Kamal Nursing Home .The occupant died and his wife became the occupant(1986 - 1990) .She sold the property to Dr and Dr Mrs Tarun Shah in 1990 Dr Tarun transformed the property to Pvt Ltd Co in the year 2001 and Transfered the Shares to Dr Kaushal S in 2002.All these transactions were carried out without consent of landlord and No stamp duty was paid nor any agreement was entered upon 2) Landlord filed suit in Small c Courtin 2002 but due to severe pressure from the occupants he filed the consent terms in 2004.(DOES THE TENANT HAS RIGHT TO FORM A LTD CO IN TENANTED PROPERTY WITHOUT THE CONSENT OF LANDLORD ) 3) As per the Consent terms KAMAL NURSING HOME PVT LTD was accepted as tenant and Dr Kaushal S, as its Director. 4) As per the Consent terms the Occupant was not allowed to do any structural additions /alterations to the premises.However the Occupant has violated the Consent Terms and fresh suit has been filed by Landlord in 2009 for eviction.
5) Will the violation of Consent terms lead to its becoming NULL and VOID ?
5) Can the Landlord refuse to take Rent as the matter is pending in the Court.
6) Will the previous suit be reopened due to violation of consent terms Or can the landlord press for reopening of the previous suit. Please advise and opine
ajay sethi
(Expert) 17 November 2012
on account of violations of terms and conditions of tenancy agreement landlord cna file suit for eviction of tenant . for carrying out structural alterations consent of landlord is must .
it is necessary to go through the terms of consent terms to advise further
prabhakar singh
(Expert) 18 November 2012
THE CONSENT TERMS ARE NOTHING BUT A FRESH TENANCY TERMS WITH OCCUPANTS AND BREACH THEREOF DOES GIVE RIGHT TO LAND LORDS TO EVICT . SUIT HAS ALREADY BEEN FILED THEN LET THE RENT BE DEPOSITED BY THEM IN COURT.
