Tenants right after building collapse

Mr Indranil

You are advised to go through a judgement of Supreme Court in

Appeal(Civil) 5183 0f 2001

SALKIA BUSINESSMENS ASSOCIATION & ORS. VS HOWRAH MUNICIPAL CORPORATION & ORS.

It took 10 years to get the justice and you cannot expect every judgement to be of this type.You would note from the reading of the judgement that petitioners were having a consent order and that too of Calcutta High Court and you would be surprised to note that it was discarded/dishonoured by a single judge of the high court and further by a division bench of the High Court.

Where would you stand by simple agreement?

what is the present status of the matter?

Mr P R Kabra said that Once the building collapsed( by Gods act), the tenancy is also collapsed. Do you have any supporting judgment on this issue.Any judgment from SC,HC.

Dear Avinash

Attached herewith a copy of judgement.

Do you need more information?

Dear Avinash

The judgement attached would help the tenant or say I am contradicting the views of Mr. Kabra.

Dear Avinash

One more judgement ,it would also be of help to tenant

Hi

Thank you, but i am unable to doenload the judgment, since am not able to trace it.

Could you please send it, directly to my e mail id (avilawyer@gmail.com).

It will be of great importance to me. Please send me.

Thank You

Dear Avinash

The judgement attached herewith would support Mr. Kabra"s contention

I want a case law in favour of Landlord where specifically it
is mentioned that....."ONCE THE BUILDING COLLAPSED BY THE ACT OF GOD OR
NATURAL DISASTER, NATURAL CALAMITIES, THE TENANCY IS ALSO COLLAPSE."

Any ruling of SC, HC

I need it urgently...

Please help...

The judgement"bhagem  anant shirodkar" is in favour of landlord

Please Help me out !

My company owns a commercial shop on the 1st Floor in a building in Mumbai on pagdi system.The company pays rent via cheque to the landlord since more than 10 years now.The building is in a very poor state.Hence the builder has asked all the tenants to evacute the building,only the ground floor tenants are still running their shops.

The builder had collected money from all the tenants for repair but has done nothing.

I donot have the tenancy agreement since the beginning but I am paying the rent.

In this case if the building falls , do I lose my tenancy right ? 

Are the rules any different for the ground floor tenants and the tenants on the 1st floor onwards ?

I would also like to know can a pagdi based rented shop owned by me given on lease of 11 months to some other person ? Do I need the landlord's permission ? If i give it on lease without the permission of the landlord,does my tenancy come into danger ?

Don't ever think of subletting without written consent of the landlord .

Also bear in mind that if you talk to the landlord then don't give any written letter or note else it may be used in evidence that you donot need the premises and ultimately you would be evicted.

As regards other points you provide exact details.you can talk to me over mob. 09352795551 or mail to 

bkgupta1212@gmail.com

Respected Sir,

I am Nilesh Bharti, I am from Navsari, Gujarat. My Dada was a Freedom fighter who believed in honesty.

My family and me along with sisters and brothers totally 7 members are staying in a rented room from Last 60 years. We have two rented rooms in this building. In this premises, total 16 houses and 8 shops. (Gr. Floor is shops, first and second floor is rooms). Now during this rainy season, back side of one of the houses has been damaged due to heavy rain. Building started damaging before seven years and no one has taken necessary steps to repair the building. We are alone and unable to repair the entire premises (currently only we are staying in the premises - others tenant have own house/flats and also tenant - shoppers so they are not supported for repairing work). On the basis of this the Landlord, alongwith Builder, tenant shoppers and politicians are planned to destroy the entire building including our house wholly (16 houses and 8 shops) without giving any notice to us. Only because of backside of last rooms damaged. They are trying to sell the entire property all of a sudden. We are willing to repair the entire building if we get assistance from others but they do not agree with this. We seven people and 1 person (Second floor, Manish R. Shah) are staying in these houses will become shelter less if they destroy the building all of a sudden. We dont have any other house or property at present. If they destroy this house, we will be thrown into the street.

I have sent notice to landlord regarding this above matter but we cant get notice reply from his side (still 3 days are left to reply - 31 days period) . Till date they all are planning to sell premises directly without informing us, if they are success in this then we are selterless.

Kindly inform the legal provision in favor of us so that we can save ourselves.

My father sent letter to Chief Officer, Navsari Nagar Palika and the Hon'ble Collector of Navsari regarding this matter and also i sent letter to our Hon'ble Chief Minister Shri Narendrabhai Modi and Hon'ble Collector of Navsari by email / fax. - I am willing to take help from Gujarat Human Rights aslo?

Hoping for your immediate consideration and favourable action.

Thanking you,

Yours faithfully
Sd/-
Nilesh S Bharti