Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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TENANCY RIGHTS IN CASE OF SELLING OF RENTED PROPERTY

(Querist) 18 September 2009 This query is : Resolved 
Hi, i took a shop on rent on first floor in chandni chowk in delhi for Rs.3600. I gave the deposit of Rs15000 also. After 3 months the landlord sold the first floor to the builder. Now builder is renovating the whole property. He has deconstructed the whole first floor. They have punctured the roof of my shop also twice. They are creating problem for me day by day.

The landlord has not given me the agreement copy and rent receipts on my repeated demands. So i stopped paying him the rent after 3 months for demand of copy of agreement.

What should i do , please help. What are my rights as tenant. Can the landlord the sell the property in this case? Do we have any right where builder is pucturing the roof of my shop ?

Please please helpriven
R.R. KRISHNAA (Expert) 18 September 2009
For immediately relief, you can file a suit for injunction and try to get an interim injuncion order from the civil court. You may contact a advocate of your locality and he will appraise you the necessary things to be done.


Your tenancy rights, will depend on the terms and clauses in the sale deed executed in favour of the builder by the landlord.riven
Gaurav (Querist) 18 September 2009
As i told u that landlord has not given me the copy of rent agreement however i think there is a clause in the agreement that landlord can get the premises vacate on a notice of 1 month if he feels to.

What should i do in this case ?riven
Raj Kumar Makkad (Expert) 18 September 2009
Your tenancy rights do not depend upon what has been written in the sale documents by seller to buyer. It is the rent agreement which shall decide the things. A owner is free to sale his property in favour of any person at any time on any terms but the right of tenant is reserved. So far as your problem is concerned, as advised file a suit for injunction before civil court and restrain the new owner to create any hindrance in your peaceful possession and direction not to intervene therein. You can deposit regular rent before Rent Controller.riven


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