I am a Tenant of MCGM. My father had given a part of the property to X against a monthly rent. My father and X never had any tenancy agreement and no rent receipt was issued by my father. X died and his son Y took over as tenant under my father as a landlord. After my father died, I took over the Tenancy and business. Y continued to remain and pay me rent for a few years. No rent receipt or Tenancy Deed till date exists. One day I asked Y to vacate the premises as he had done illegal construction on the premises and the M.C.G.M. authorities unofficially asked me to demolish the same.
Y then filed a suit before Small Causes Court claiming to be a Tenant and having paid rent sice his father's time. He has prayed for declaration as a tenant and injunct me from disturbing his business.
Court Commissioner has inspected the site and confirmed his possession.
Y is unable to produce any Tenancy Deed and Rent receipt as the same does not exist.
As I have no proper contract with M.C.G.M, unser section 26 of Maharashtra Rent Control Act I cannot sublet the premises.
I have denied in the court that Y is my Tenant and have said that he was allowed to service my customers and earn his living from the tip he receives.
What relief can I seek in the matter?
Kindly help me in the matter.
