Does landlord & tenant relation exist …
santosh
(Querist) 13 January 2016
This query is : Resolved
I am a tenant of Mumbai Chawl. I have been regularly paying the rent to the landlord since 1989 to 2012 . We stopped paying the rent to him from 2012 onwards. Reason was in year 2012 builder Mr. M. came on record with his name on PR Card . Which on verification found to be true. Mr. M also started demanding for rent from the tenants. Since both are demanding for the rent, tenants were confused whether to pay rent to the owner who is on PR Card record , or should continue to pay rent to the old landlord only..
On further inquiring on to this matter we came to know that landlord whom we use to pay rent was a lessee . who’s lease is up till 2060.
Now I would like to know from the Experts whom should we pay the rent……?
Please guide.
santosh
(Querist) 13 January 2016
Since we stopped paying rent to the old landlord he has started to file a suit for eviction in small cause court on tenants one after another ....
P. Venu
(Expert) 13 January 2016
You should have continued with the existing arrangement. A tenant is not required to ascertain the title of the person to whom you had been paying rent for a long period.
alexander
(Expert) 13 January 2016
Section 115 of the Indian Evidence Act 1872 doesn't give a tenant the rihgt to question the locus of the Landlord by way of ESTOPPEL You could file an interpleader suit asking the Court to decide to whom to pay the rent as there are two "landlords" on the Scene.
You could also take this defence when the old landlord files a suit against you for eviction on non - payment of rent
The best would be to file an interpleader suit and seeks the court's permission to deposit the rent due in the court
Consult your local lawyer
santosh
(Querist) 14 January 2016
sir,
You r saying that tenant is not required to ascertain the title of the person , and should continue paying the rent to him. But if the person has been collecting the rent illegally for such a long time and if the tenants come to know about his fraud still do you think we should continue paying the rent to him.
santosh
(Querist) 14 January 2016
Sir ,
Is there any option to pay the rent in the court.( Mumbai court ). We tenants are ready to pay the rent but are confused about the owner/landlord.
We are ready to pay the rent in court if there is any such provision.
alexander
(Expert) 14 January 2016
Consult your advocate with the lease agreements/rent notes/rent receipts. Check i whose name the property is registered in the Registrar's office then approach the court with your doubts and seeking directions as to whom to pay the rent.Offer to deposit the rent with the court till Court's directions. As relief he Court shall give relief to the extent of the expenditure incurred in filing the suit and pursuing it till the Court's decision
Rajendra K Goyal
(Expert) 14 January 2016
Stopping of paying rent may instigate landlord to proceed with eviction procedure.
You should consult local lawyer and deposit the rent with rent controller in case of need.
santosh
(Querist) 15 January 2016
is there any law under Maharashtra Rent Control Act to deposit the rent with the rent controller.......?
Anirudh
(Expert) 15 January 2016
This question you should have asked when you stopped the payment. Now you are in default of paying the rent for more than 3 years and thus rendered yourself liable for eviction.
However, all is not lost. At least now, all the tenants (instead of fighting the case individually) better join together, get the cases tagged together, and try to put up a joint/common fight. Instead of unnecessarily wasting time here, get in touch with a good lawyer well versed in this kind of law, and take things forward, especially when there is a case pending against you in court.
T. Kalaiselvan, Advocate
(Expert) 17 January 2016
All experts have advised well on how to move forward, however the suggestions made by expert Mr. Anirudh seems to be more feasible, why dont you consult a local advocate and decide accordingly.
Dr J C Vashista
(Expert) 18 January 2016
I fully agree with the expert advise of Mr. Anirudh.
Consult and engage a local lawyer and all the tenants must pay/deposit rent regularly so that you may continue your tenancy right and avoid eviction. Now-a-days the Courts are titling towards landlord giving least protection to tenants as earlier.
krishna mohan
(Expert) 19 January 2016
Well advised by experts and nothing more to add.
K.S.Srinivas
(Expert) 24 January 2016
Consult a lawyer who is fully conversant with the tenancy laws and proceed further.
Hemant Agarwal
(Expert) 29 February 2016
1. Mr. M (original Land Lord on PR Card) has lawfully leased out his property till 2060, to say "lessee".
2. Now, "AFTER" the lease of his property, the original land lord CANNOT have any controlling stake or executive stake in his property till 2060 (or till the lease deed is terminated by mutual consent of landlord and lessee).
3. Here the original landlord derives no legal right to demand rent from the tenants, till 2060.
4. Here the lessee derives absolute right to demand rent from the tenants, till 2060.
CONCLUSION: IF the "lease deed" between the original landlord and the lessee is in active force, the lessee has absolute legal jurisdiction to file for eviction from his leased property, against defaulters.
Keep Smiling .... Hemant Agarwal
http://www.maharashtra-society-help-forum.com
