Upgrad LLM

tenency dispute


This is regarding tenency dispute. A lady owns 4 rooms in building ,in 1940 she subleted room num 3 , 4 to some one . but in 1999 she stop taking rent from room num 3 , 4 .and she locked common wc and toilet and restricted tenents of room 3 and 4 to using toitet and wc . Subtenent filed case in small causes court ,mumbai, in 2006 court admitted that the subtenent of num 3 is legel sub tenenent . in 2006 the lady who owns all 4 rooms surrendered her room num 1 ,2 in which she was living to landlord and she went to another place . and she stopped paying rent for room 3 and 4 to landlord since 2000. after court order landlord issued rent receipt to that sub tenent lady who was living in room num 3 . now that lady has who was living in room num 3 had surrrendered her room num 3 to landlord . and now landlord has transfered that room num 3 to new tenent .

now that first lady claims that she has right in that room 3 , and that she will challenge if landlord transfer that room to any new tenent .

can she still claim for room num 3 , she is now no more tenent in this building and landlord has changed rent recipt fot that room , can he sue new tenent who is in position now?
plsssssssssssssss i want help this is very urgent. its in mumbai

 
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LAW STUDENT

NOT CLEAR PROPERLY SRYYYYYYYY.

 
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barrister

Firstly she has stopped paying rent for room nos. 3 & 4 in 2000 . Subsequently on 2006  she surrenders room Nos. 1 & 2 and leaves the place. Now she cant come and claim occupation for room no.3 because she has not paid rent from 2000. Eventhough there might be a lease deed between herself and the landlord the lease terminates on account of non payment of rent for a long period...

Respected Members correct me if i am wrong...


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Advocate & Legal Consultant

She cant claim her right to the room now as court has ordered the landlord to issue rent receipts in the name of the other lady. No further conclusion can be drawn before knowing the actual facts. I am in Mumbai and have matters in small court, Mumbai. For further query, u can mail me at : brahmania.preeti@gmail.com
 


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A LADY(LADY 1) OWNS 3 ROOMS 1,2,3 .SHE LIVES IN ROOM NUM 1 ,2 ,SHE SUBLETTED HER ROOM NUM 3 TO OTHER LADY( LADY 2) IN 1945.IN 2000 THERE WAS SOME DISPUTE BETWEEN THEM REGARDING USING COMMON TOILET AND WC.THEY WENT TO SMALL CAUSES COURT . COURT ORDERED THAT LADY B IS LAWFULL SUBTENENT .
IN 2006 LADY A SURRENDERED HER ROOMS 1 AND 2 TO LANDLORD SHE SHE SHIFTED TO OTHER PLACE.AFTER 2006 SHE STOPPED PAYING RENT FOR ROOM NUM 3 TO LANDLORD .NOW IN 2010 LANDLORD ISSUED RENT RECIEPT IN THE NAME OF LADY NUM 2 WHO WAS SUB TENENT OF LADY 1.NOW LADY 2 HAS SURRENDERED HER TENENCY TO LANDLORD. AND LANLORD TRANSFERRED SAME TO NEW TENENT , BUT NOW THE LADY 1 HAS SENDING LETTERS THAT SHE IS ACTUAL OWNER OF THAT ROOM NUM 3 .I M NEW TENENT OF THAT ROOM NUM 3 .
NOW I WANT TO KNOW THAT IS HER CLAIM IS RIGHT FOR THAT ROOM NUM 3 IN WHICH NOW I M LIVING.CAN SHE FILE CASE AGAINST ME IN COURT , ?

I HEARD THAT ACCORDING TO OPERATION OF LAW THE LADY 2 HAS BECAME LEGEL TENENT BCOZ SHE WAS LIVING IN ROOM NUM 3 SINCE 1945 AND IT WAS PROVEN IN COURT.
 

 
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