Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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ballly jaiswal (Legal Advisor)     31 December 2009

Can Tenant get stay against eviction

My question is that a Tenant is running a shop on rent for the last 19 years and he is regularly paying rent for the same..to the extent of rs 1000 pm. But he has not even a single reciept for the rent paid by him to the landlord.Though he is paying house tax, electricity bill for the same shop in the name of landlord. Now the landlord is going to sell the shop and he may evict the tenant.. Now  my query is that what legal rights a tenant have. Can he get stay against such evictionif property is sold to third person.



Learning

 10 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     31 December 2009

I have already replied your quarry raised in experts section. Refer to that reply.

1 Like

Parveen Kr. Aggarwal (Advocate)     31 December 2009

Yes a tenant is protected from his unlawful dispossession and he can get stay to the extent that the landlord shall not be entitled to dispossess him forcibly. However, he can be evicted in accordance with law.

Kiran Kumar (Lawyer)     31 December 2009

sale will not invite automatic eviction of tenant, the buyer wil just step into the shoes of landlord.

 

however like in case of agricultural land, urban tenant does not have any pre-emptive right in sale (may be provided in some states)

 

tenant can seek stay for forcible dispossession by filing a suti for permanant injunction.

 

pls c the rent law of the concerned state for detailed legal position.

subhash kumar (advocate)     01 January 2010

Dear, law protect the possession of the tenanat and you cannot evict the tenant forcefully but through due process of law and he can seek the stay from forcefully disposession from the tenanted premises

Subhash kumar, adv

bhagwat patil (Property due diligence 9422773303)     27 March 2010

yeh.tenant will get protection fron unlawful dispossession.

Suryanarayana Tangirala (Advocate)     27 March 2010

A Tenant cannot get Blanket stay/Injunction,Yes he can seek Protection by filing Injuction suit, from forcible dispossesion if situation warrants.A new owner/landlord  steps into shoes of previous land lord,tenancy has to attorned in writing.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     25 September 2011

A tenant is a tenant and he can not be dispossesed without the due process of law. no rent reciept is no excuse in fact it may bounce on the landlord that why he was keeping quite if no rent recieved.

narendra.s.p (Chief Manager(Law))     11 October 2011

The Tenant should establish his tenancy by circumstantial evidence. The tenant should create/ build evidence to show that he has not defaulted in payment of rent. However, If the present landlord sells the property, the new owner becomes landlord as a successor. Tenant should pay rent to the new landlord after registration of sale deed. In case the new landlord refuses to accept the rent tendered by  the tenant, then the same may be sent by a crossed cheque through registered post acknowledgement due. The new landlord cannot evict the tenant without court order. If the tenant is covered by Rent Act of State, then he is protected from eviction. The landlord has to prove cetain grounds under Rent Act to obtain an order of eviction against the tenant. Please note that the tenant cannot file an interpleader suit to deposit the rent. If the tenant is covered under Rent Act , it is advisible to approach the rent controller for fixing fair rent.

Bobby Mani T (Lawyer)     17 April 2012

Selling of land and buildings will not result in eviciton of the tenant.  For that the new landlord has to file eviction petition of any of the grounds and proove that.  Further there is a time specified in Rent control Acts for fileingevition petition after obtiaining a property.  that also is to be looked into.  Each state has a different rent contyrol Act so refer to the rent control act that is prevelent in the area


(Guest)

dear

LCI members has given answer your question- look at this.


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