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Tenacy rights in case of fire

This query is : Resolved 
 

(Querist)
23 August 2012

Dear Experts,
I'm a tenant under the pagadi system. Our building is going for re development. To make us vacate the house soon, the builder has placed some goons in the neighboring house. So, we are planning to go for a rented flat somewhere else until the re development negotiations are over.
I have heard that in case the tenant does not occupy the flat and if fire takes place then the TENANCY RIGHTS are extinguished.

Kindly enlighten me on the SUBJECT and remedy(ies) therefor.

Regards,
Kashyap Joshi.


ajay sethiOnline (Expert)
23 August 2012

it is cardinal principal of law that on demolition or damage of the tenement by flood, fire, water etc., the tenancy of the tenant continues in respect of the land under such tenement. although the suit premises are damaged in fire, the right as tenant continues. you cannot be dispossessed therefrom without following due process of law

Kashyap (Querist)
23 August 2012

Thank you Sir for your response.
U mentioned that I can be dispossessed by following due process of law. Kindly guide on the same.

Regards,
Kashyap Joshi.

ajay sethiOnline (Expert)
23 August 2012

landlord can file suit for eviction . issue you notice . satisfy the court . then only you cna be evicted . it is long drawn process

Kashyap (Querist)
23 August 2012

Thank you Sir. That is very helpful.




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