Eviction
sajoli
(Querist) 26 August 2020
This query is : Resolved
Dear Experts ,
I have purchased leased rights of flat at Mumbai in the year 2008 in landlordship/Pagdi Building at that time landlord was not traceable, there was a Proposed Society to pay taxes and take care of the said building who had given me maintenance receipts for 3 months and transfer Notification on Proposed Society letterhead, after selling flat tenant turn dishonest so I approached City Civil Court for specific performance in the year 2010, after that this tenant approached to Small Cause Court for L. E. & C. in the year 2014 but till date no favourable order for tenant, now in 2020 New landlord sent Eviction Notice to tenant and me on for subletting the flat, on verifying the pervious and new landlord sale agreement there is a clause that previous landlord is selling this property on as it is where it is basis in year 2015.
There is no Leave and licences agreement but there are monetary transaction and transfer document is there which is also accepted by tenant. Now what should be my stand?
Please Experts give your valuable opinion.
P. Venu
(Expert) 28 August 2020
It is for the plaintiff to adduce evidence and prove his averment. You can take the stand that the tenancy had been under system and hence, transferable. However, it is absolutely essential that the first tenant should depose and substantiate your pleadings.
