LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mahesh Mukadam (None)     15 October 2011

Tenants rights

 I am sub tenant. My land lord leased a property for a period of 50 years and constructed  stores and apt above it and leased to various tenants. Now lease of 50 years is over and original land lord want his property back. He do not want to extend the lease any longer giving the reason my landlord broken the terms of lease which says he will use the premises for his own use only. Recently We have paid substantial amount to our landlord to develop this property.without concent from the original owner.


1) What are our rights

2) Can original landlord evict us?

3) Can we go after our landlord for giving misleading information and for compensation?

4) If the matter goes in to court what is the time frame for decision and app. cost?

5) Is it worth fighting?

6) Are there any chances of winning and keeping possession of the premises


Please help and suggest good lawyer. Property is in Kalyan ( Maharashtra) area


 7 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     15 October 2011

landowner has every right to re-possess his leased propery on expiry f lease period. If lessee has broken any term of further agreement executed between him and you, only he can held responsible but not land owner. Yu ma sue such lessee/landlord. No definite time frame can said about court proceeding, however, you should prepare your mind to incur at least 3-5 years in lower court. Cost is negoiable.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     15 October 2011

Dear mahesh Mr. Makkad is rightly opinined

ajay sethi (lawyer)     15 October 2011

original landlord can evict you . the term of lease is over . the the original tenant has in contrvantion of the terms of lease sub let the premises .


the time frame would depnd upon where you are located . depending upon pendency of cases in that particualr court etc

i would not avise you to fight the case . when you obtained property on lease you ought to have verified the facts whether tenant can sublet the premises without permission of original owner . whether premission was taken .


ulimately you have to take the decision . how much money you poaid to  tenant recently?

Mahesh Mukadam (None)     15 October 2011

Thanks, Makkad, Qureshi, &Sethi. 

You have given me very precious advice.

My Landlord gave power of attorney to develop the property to the local developer, consenquently he sold his rights to other developers who recently built 32 units 5 story building and sold units to the sub tenants. 

My landlord is expired and has two daughters one lives in Mumbai and the other one is in Banglore.

We paid money to the developer hoping he will form a co-op society and transfer the title on our name, which has not happened.

Orginal landlord (the land owner) has filed the case and served us notice.  He is also claiming Rs. 5 Lakhs per month land rent till he gets the possession of the land.

In this case, what should we do?  We have our business there and spent money upgrading the unit for our needs?


kumar t v s (advocate)     15 October 2011


I would advise that all sub tenants like you should get together, File civil and criminal cases against the developer and include the landlord. The land lord is also at fault as he has kept quit and allowed the developer to make construction.


Appoint a tough advocate who can put up a good fight and if need be negotiate a good amount as compensation to all of you as a compromise deal.

Mahesh Mukadam (None)     16 October 2011

Dear Kumar,

Which Landlord? Original land owner ( He stays abroad) or  his tenant who gave GPO to the developer?

Original Land owner when the development came to his attention objected and filed complaint with the city and then mooved to the court. Developers lawyer gave misleading advoice that we can purchase unit and they will form co-op society. Most of the units developer sold to his relatives.

Property is in Dombivali, Maharashtra any any prominent Advocate wants to handle this case please contact me. My email address is rajprabhu186@hotmail.com

Thanks again for the valuable information


ashok (TG3)     28 September 2012


Am a tenant from the last 15 years, Am having rental agreement but am paying rent by cash to my owner in hand. Now my land owner wants to sell the property, So he is asking me to evict from the land, But am not willing to vaccate.

A.) whether i am having rights to stay there or not?

B.)Owner is not ready to sell to me is there any rights for me to buy that...?

C.)If my owner is not selling the property,In that case will i am able to stay there..?

(Thanks a lot in Advance)

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register