Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Learned experts, I am owner of a building. The building is of very old construction and due to recurrent rain one corner of the building has collapsed. We have some tenants in the building, they come under Delhi rent control Act. We filled a case in the court of ARC to seek reconstruction of the building and thereafter give the tenants the premises back. The case is still pending. In the mean while the corner of the building has collapsed. My query is can I seek approval from the MCD to demolish the building when the case is still pending? Or will I have to withdraw the case before I approach the MCD?


 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     12 July 2013

Withdraw the case and approach MCD.

Hemang (Advocate)     12 July 2013

You can pray for "temporary suspension of tenancy" on the ground that the building is required to be re-constructed. The Court would pass the provisional decree accordingly, subject to restoring the possession to the old tenants. There is no difficulty. And, if you subsequently deny the possession to the tenant, the Court would ask you to hand over the possession under the protected right of the tenant under a decree. 

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