long term tenancy
Senthilnathan
(Querist) 24 March 2011
This query is : Resolved
Wanted some advice regarding the below mentioned case history :
Around early 1950's a lease agreement was made and the same was registered in Pondicherry Registrars Office. Since then RENT was given from Rs.50 and gradually increased to Rs.300/- till March 2004. The agreement made between the two parties were succeeded by their sons. No fresh agreement was made and the hiked Rent of Rs.300/- from 1977 till 2004 was maintained with a rent receipt, in 2004, the said Landlord calls upon the Tenant and asks to pay Rs.6000/- per month and said orally that after five years he would sell the demised property by deducting the amount. From 2004 April onwards Rs. 6000/- was given and no rent receipt was issued by thesaid landlord. Now, in 2009 March, exactly after five years, the said landlord sends a R.P.A.D saying that " Pay the Rent Rs.6000/- for the demised permises by the 5th date of every monthly calendar." Since the receipt of this R.P.A.D., the statutory tenant stopped paying Rs. 6000/-. We have a filed a case.
Now my query is :
1. According to the said landlord, Can the rent be increased from Rs.300 to 6000 at a go ?
2. When an agreement is made between the father's of the landlord and tenant and as they both have deceased, why hasn't the landlord renewed or made a fresh agreement between him and the present tenant who is the son of the registered tenant ?
3. In way of mouth, it seems that he is going to sell the property to someone else,
1. Can he sell to someone else without our knowledge ?
2. Can the tenant have a way of stopping that selling procedure ?
3. Is there any advantage from the tenant 's side as he is being there
since early 1950's, and since then he is maintaining the building too.
Awaiting your suggestions
Thank You
M.Sheik Mohammed Ali
(Expert) 24 March 2011
as per law your in tenant, so landlord do any thing as his wish, if you ask some thing, you can lenient approach thats all.
Advocate. Arunagiri
(Expert) 24 March 2011
1.Rent can be increased. Tenant has the right to contest it before the rent controller.
2. The tenancy agreement need not be renewed.
3. can sell.
4. No advantage for long tenancy. The tenant is always a tenant.
Gulshan Tanwar
(Expert) 24 March 2011
Can you say that by the virtue of heredity you and further your grandchildren will enjoy the status in the property?
Tenancy is not heredity and with the deaths of both the LL and Tenant I am amazed why the tenancies have been going for so long.....
Senthilnathan
(Querist) 24 March 2011
Yes Gulshan Tanwar sir
Me too i was wondering why the LL's son did not renew the tenancy after his father's demise ? As I am being there as a tenant fro the past 55 years, is there any advantage over the property?
kindly reply
