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Mangesh Mane (Engineer)     23 August 2010

Building Demolished/Collapsed, tenant removed

Dear Experts,

Building is collapsed all the four tenants are left the rooms; Landlord is not ready/ interested to build it again. Can tenant take any action on landlord?


 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     23 August 2010

No tenents cannot takeany action against the land lord, because it is his will and wish he can construct and cannot consuruct.  His decesion cannot be question by the teneants.

Mangesh Mane (Engineer)     23 August 2010

But Landlord is trying to build a shop on the same place, whether it is allowed. Or Tenants have no rights on that place.

Bharatkumar (ADVOCATE )     25 August 2010

No, Tenants have no rights on that place But first u see any document make between landlord and tenant and read condition. Lease deed make between both party? for how many years? condition apply this ......  

                  The Landlord  covenants with the Tenant and agrees as follows: 

*               That in case of violence due to war or civil commotion or fire accident, storm, tempest, flood, earthquake or any inevitable accident or any other irresistible, force or an act of God (not being an act or omission on the part of the Tenant, its agents servants etc.) (“Force Majeure incident”) causing damage to the Demised Premises or part thereof, theTenant shall have the option to terminate this Agreement forthwith or require the  Landlord  to restore the Demised Premises.  If the Tenant chooses to require the  Landlord  to restore the Demised Premises, the  Landlord  will restore and reinstate the Demised Premises within a period of three (3) months at its own expenses and during which time the rent or proportionate part thereof and other charges shall remain suspended until the Demised Premises is restored and reinstated and made ready for use and occupation of the Tenant provided always that if the Demised Premises is not restored and reinstated and made ready for use and occupation within a period of three (3) months or any extension thereof from the date of the happening of any of the aforesaid events the Tenant shall be at liberty without prejudice to its rights under any provisions of this Agreement to terminate  the lease by thirty (30) days notice in writing and thereupon this  Agreement shall be absolutely terminated without prejudice to any claim by either party against the other in respect of any breach of the terms and conditions of this Agreement.  

1 Like

Mangesh Mane (Engineer)     25 August 2010

No Documents only rent recipt available. this is due to old tenanncy.

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