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Arun kumar (Executive)     01 August 2012

Is it possible

Hi,

there is a tenant eviction case going in tis hazari court in which tenant himself has agreed on a written statement filed in court that he is a tenant and other party is a owner. So, my question is that is it possible for the tenant to sell that house by crook ? he is a friend of few builders who are willing to purchase that house and owner is also getting calls for the same property. So, just want to know is it possible for the tenant to sell that house. If, yes then what actions can be taken or can other party purchase that house when the case is pending in court and all the documents are with the owner.

Regards

 



Learning

 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     01 August 2012

A tenant, however old his tenancy may be, cannot sell the property of his landlord.

Arun kumar (Executive)     01 August 2012

thank you for your reply archana......he is living there since 2009 and in WS he says he is staying there since 2008 but do not have any proof for 2008...can he do that using fake docs??

Adv Archana Deshmukh (Practicing Advocate)     01 August 2012

A tenant cannot sell the landlord's property. If he forges some document and sells it then, you can take suitable civil and criminal action against him and recover the property also.

Akhilesh Arora (Advocate)     01 August 2012

I agree with Adv Archana - a tenant is just an occupant of the property, not an owner. He cannot sell property which he does not otherwise own. Producing forged documents entitles you to initiate civil as well as criminal proceedings (420, 467, 471 IPC) against him

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     01 August 2012

This is an admission on the part of the tenant. File an application u/o 12 rule 6 for judgment on the basis of admission. Once the relationship of landlord and tenant stands established - there should be no further enquiry and a decree of eviction should be passed right away. There are judgments of Delhi High Court to this effect. 

 

Once a tenant always a tenant - can never sell the property

Arun kumar (Executive)     28 August 2012

Thank you all for your replies....the judget gave us an option for settlement but it has failed and in the mean time the tenant sent a money order to us which one of our relative recieved and also signed the receipt. Can this effect the case as in our WS we have written that he is not paying us a rent from the past 2 years....(the very next day our relative sent it back to him as a money order which he didn;t recieved). kindly provide your valueable feedback on this

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