TENANCY RIGHT

Querist : Anonymous (Querist) 21 February 2010 This query is : Resolved
ON MY FOLLOWING QUERY I HAVE RECEIVED ANSWER THAT: BEING A TENANT FOR LONG TIME WILL NOT GIVE ANY RIGHT. IS THIS TRUE IN CASE OF MAHARASHTRA.

We are tenant since 1977. Since last 12 years the landlord is not paying any taxes or doing any repair work. we are paying the taxes [corporation property tax] since last 12 years. Now the people from the corporation has suggested us to be "BHOGAVTADAR" [MARATHI WORD]so that the bill will be issued in your name directly. Is this legal? should we do this?
At present the premises is not in used. we are regularly paying the rent to the heirs of landlord [who has expired] and also receiving receipt of the same. the premises is very old of stone is mud mortar with A.C. sheet roofing. the repair work will cost more. Is will be economical to build new one. The landlord is not ready to give it to the builder. There is other tenant also on ground floor. One shop is in closed position since 1977.
Can we loose our tenancy right as we are not using the premises? We cannot carryout the office work in present condition of the office. AT PRESENT THE PREMISES IS LOCKED.

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niranjan (Expert) 21 February 2010
You can loose the tenancy right on the ground of non-use for more than six months.Without written permission from the landlord,you can't, make any permanent construction but can give notice to the landlord to make it usable by carrying certain repairs.

N RAMESH. (Expert) 22 February 2010
Once you entered the premises as tenant by admitting and acknowledging the title of landlord, you are estopped from denying the title of the landlord and you can not claim adverse title.

If you pay taxes and did repair works then you are entitled to deduct the expenses and tax amount from the rent.

Even if you do not use the premises you remain as tenant as long as you pay rent. You do not lose tenancy rights.

Non use of premises can only be a ground for eviction in a court of law if the landlord files a petition/suit.

In the given facts, you are only a tenant and has no right whatsoever in the premises.