ronak (mr) 09 January 2010

Grandfather property on lease

Sir,

I am first year LL.B. student now i want to discuss one case with you.

Case facts

1. Five shops belongs to one person(Gradfather) which is when purchase(around 1960) from that time they are on rent to five different tennants.And all the 5 shops are side by side

2. Case belongs to Rajasthan state.

3. Now the family structure of Grandfather has 4 son(which i named as F1,F2,F3,F4 ) & 2 daughter (which i named as D1,D2 )

4.Each of the Sons or Father(named F1,F2,F3,F4) HAS 2 SONS .(B1,B2........C1,,,,,,,,,,E1,E2,,,,,,,,,,G1,G2)

Note: I will attach the family structure also ok...

Now the position is that all the sons(B1,B2........C1,C2,,,,,,,,,,E1,E2,,,,,,,,,,F1,F2) are maior and some of them are even married

GRANDFATHER & grandmother IS EXPIRED in 1997.

In 2002 the landlords(F1,F2,F3,F4) filed and application against the tennants(all 5) in district court and the case is dismissed because tennants plea is that they are not very rich and their family and livelihood depends on the income from that shops.

a)Now the problem is that on what basis this shops case be released from tennants.

b)what will the issues which they (Landlords ) have to keep in mind regarding filling the case..

c)Is there any time period which must be given to the tennants

What will be the act apply in these type of case.

Reply Follow

2 Replies

Dirgesh kumar sharma (Advocate) 09 January 2010

Hi ronak

You see Accommodation Control act and rules under section 12

Parveen Kr. Aggarwal (Advocate) 09 January 2010

Your case may be governed by the Rajasthan Rent Control Act, 2001 which extends in first instance to such of the municipal areas which are comprising the District Headquarters in the State and later on to such of the other municipal areas having a population exceeding fifty thousand as per 1991 Census as the State Government may, by notification in the official Gazette, specify from time to time.

So, the location of the property (at District Headquarters or otherwise) will determine whether the Act will be applicable to your case or not. In case it applies, you may initiate proceedings under section 9 or 10 of the Act.