can a tenant get stay against evication

Querist : Anonymous (Querist) 31 December 2009 This query is : Resolved
My question is that a Tenant is running a shop on rent for the last 19 years and he is regularly paying rent for the same..to the extent of rs 1000 pm. But he has not even a single receipt for the rent paid by him to the landlord.Though he is paying house tax, electricity bill for the same shop in the name of landlord. Now the landlord is going to sell the shop and he may evict the tenant.. Now my query is that what legal rights a tenant have. Can he get stay against such eviction if property is sold to third person.

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Raj Kumar Makkad (Expert) 31 December 2009
Tenant can deposit his rent before Rent Controller and seek stay order against his forceful eviction.

I clear one thing that sale doesn't automatically means eviction of tenant from tenated property. Even old tenant can stake his claim to sale the property to him being preferential purchaser, if you deem fit.

H. S. Thukral (Expert) 01 January 2010
The purchaser shall not be in better position than the original landlord to get you evicted and you shall have same kind of protection in law. If you fear eviction by force file a suit for injunction.

Querist : Anonymous (Querist) 01 January 2010
ok tenant applyies for the injuction but on what ground he can plead such a releif..as thier is no proof of rent paid....and please let me know under what section or Act his claim for injuction is justified.. also on what grounds...

H. S. Thukral (Expert) 01 January 2010
Injunction, ad-interim or permanent can be obtained by showing that you are in possession of the premises and you are under threat of dispossession and you should not be dispossessed without due process of law. The question of payment of rent shall come later. Once the landlord alleges that you have not paid the rent, the burden to prove shall be on him. There is no section applicable and it is law of equity.

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