Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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RAJESh TRIVEDI (ACCOUNTANT)     16 February 2010

PROTECTED TENANT

                             

  

1)      WHAT IS PROTECTED TENANT?

2)      HOW IT CAN BE DEFIND?

3)      AFTER HOW MANY YEARS TENANT CAN BE TREATED AS PROTECTED TENANT?

4)      TENANT IS NOT PAYING ANY RENT TO LAND LORD IN SUCH CIRCUMSTANCES  TENANCY RIGHT IS PROTECTED? CAN TENANT BE TREATED AS PROTECTED TENANT IF TENANT HAS NOT PAID ANY RENT FOR MORE THAN 3 YEAR?

5)      PAYMENT OF WATER CHGS ELECTRICITY BILL AND OTHER MAINT CHGS TO UNREGISTER ASSOCIATION (PROPOSED) IS LEGAL?

6)      RECEIPT OF SUCH PAYMENT FROM UNREGISTERD ASSOCIATION (PROPOSED) IS VALID IN ANY TYPE OF LITIGATION?

7)      SUPPOSE IF ANY ACCIDENT HAPPEN AND BUILDING IS COLLAPSED, THEN IN SUCH SITUATION CAN WE CLAIM OUR TENANCY RIGHT EVEN THOUGH TENANT HAS NOT PAID RENT TO LAND LORD OR ANY LEGAL AUTHORITY?  

8)      CAN LEGAL HEIRS OF ORIGINAL TENANT CAN BE TREATED AS PROTECTED TENANT?

 

 

 



Learning

 4 Replies

Bobby Mani T (Lawyer)     16 April 2010

1)      WHAT IS PROTECTED TENANT?

Every tenant who occupies buildings under a lease agreements in areas where rent control Act is applicable are protected tenant.  This does not mean that he is always protected against eviction.  He has got the protecti8on provided by the Act and can be evicted only according to the Rent Control Act

2)      HOW IT CAN BE DEFIND?

The above answer provides a good defenition

3)      AFTER HOW MANY YEARS TENANT CAN BE TREATED AS PROTECTED TENANT?

the moment a tenant acqures a building under lease agreement in an area where rent control actis applicable he gets protection.  He need not wait for a prescribted years to get protection.  The protection given under tenancy law is not preciptive.

4)      TENANT IS NOT PAYING ANY RENT TO LAND LORD IN SUCH CIRCUMSTANCES  TENANCY RIGHT IS PROTECTED? CAN TENANT BE TREATED AS PROTECTED TENANT IF TENANT HAS NOT PAID ANY RENT FOR MORE THAN 3 YEAR?

He can be evicted under rent control act if filed  the petition accoriding to the act. Still evicted  he gets protection of the Act.  He cannot be forcefully evicted

5)      PAYMENT OF WATER CHGS ELECTRICITY BILL AND OTHER MAINT CHGS TO UNREGISTER ASSOCIATION (PROPOSED) IS LEGAL?

Question not clear

6)      RECEIPT OF SUCH PAYMENT FROM UNREGISTERD ASSOCIATION (PROPOSED) IS VALID IN ANY TYPE OF LITIGATION?

that may proove that he has paid such amout for such expenses

7)      SUPPOSE IF ANY ACCIDENT HAPPEN AND BUILDING IS COLLAPSED, THEN IN SUCH SITUATION CAN WE CLAIM OUR TENANCY RIGHT EVEN THOUGH TENANT HAS NOT PAID RENT TO LAND LORD OR ANY LEGAL AUTHORITY?

Non payment of rent does not automatically abolish tenancy.  For that proper legal proceedins is necessary 

8)      CAN LEGAL HEIRS OF ORIGINAL TENANT CAN BE TREATED AS PROTECTED TENANT?

Normally legal heirs of the tenant are also tenants and gets all the protection available to the tenant

Advocate Ravinder (Advocate/Attorney)     15 December 2013

I disagree with bobby mani.  Protected tenancy is nothing to do with Rent control Act.  Protected tenant is relating to open lands/revenue laws/land laws.  The protected tenant who has been under possession in a particular period of time acquires title of 60% share of land and 40% share is acquired by the owner of the land. This the privilege given by the state government to the agriculturists who are in possession for a considerable time.

Bobby Mani T (Lawyer)     15 December 2013

By reading question Number 5 and 7 you can infer that the question pertains to building. That is why I answered the question in the way I did and connected the matter to Building Lease and Rent Control Act

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     15 December 2013

Basically nothing wrong with  BOBBY MANI s opinion.

 

Even if the law does not provide in specific words PROTECTED TENANT OR TENANCIES but once a tenant  enters your property it is not simple task to evict .


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