Civil Procedure Code (CPC)

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GPA rights

(Querist) 03 August 2010 This query is : Resolved 
Sir, We have a shop which is on rent and the owner(Mr B) of shop has sold the property to Mr A in 2003, Till date he(Mr B) and Mr A has not informed us about this. Mr A(new owner) is a GPA holder of the property

In 2003 when Mr B rejected to accept rent, we filed a case in Rent controll and started paying rent in court.

Recently we have come to know about the selling of this property to Mr A. My question is is new owner (Mr A) eligible to receive rent from me as he is GPA holder.
s.subramanian (Expert) 03 August 2010
there must be attornment by b to a. you must have been informed either impliedly or expressly about such atornment by b and a. i wnat to knoe if b has informed you atleast now that the property has been sold to a. in the absence of such notice of attornment, you are not liable to pay the rent to a. continue to deposit the rent in court.
vipul (Querist) 03 August 2010
sir,

Recently new owner has filed a cavet petition on us on the basis that we are not paying rent. Till that time we not aware of the owner. The new owner or the old owner has never given any kind of information on the sale of the shop.

As new Owner is GPA holder, does he have right to receive rent. what is the actual
diffrenece in rigts of the registered owner Vs GPA owner . Please clarify
adv. rajeev ( rajoo ) (Expert) 03 August 2010
if he has granted any rights thru., GPA by the owner then he can collect the rent.
niranjan (Expert) 03 August 2010
In both the cases you are required tobe informed about payment of rent.
R.Ranganathan (Expert) 03 August 2010
You verify the GPA whether the same is registered and valid in the eyes of law. Note its contents. If it says that the GPA holder can collect rent then the GPA holder is entitled to collect rent and you can very well pay the rent to him. But till the date you were not aware of the GPA it is not your fault. From the date of knowledge of the same you can pay the rent to GPA holder.
vipul (Querist) 05 August 2010
sir, I obtained the GPA document from the Registrar office, It do not specify anything about the rent or the tenants. In this case whom should i be paying rent.

This is confusing to me as nothing is mentioned in the GPA document about the tenant and the rent then the new owner is not eligible for receiving rent.

In this case he has filed a cavet petition on me on the basis that i am not paying rent. Then his petition seems to be void.

Plese clarify on this.


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