EJECTMENT PETITION
vinod bansal
(Querist) 16 January 2010
This query is : Resolved
R/Members
My friend is residing in retted house & he has paid rent against proper receipt to his landlord,now in Jan 2009 landlord sold this house to someone.In sale seed it is mentioned that my friend is residing in that house as tenant but there is nothing mentioned regarding arrear of rent,even it is also not mentioned that new owner(purchasser of rented house)can recover arrear of rent from my friend i.e. my friend,now in the month of december 2009 new owner has filed a ejectment petition on false sub letting ground and also demanding arrear of rent of about three year,i want to know whether new owner is entitled to recover arrear of rent from my friend.in fact now previous owner has left the country and he never demanded arrear of rent from my friend.kindly suggest.
R.R. KRISHNAA
(Expert) 16 January 2010
If there is a term/clause in the sale deed that the new owner can collect the arrears of rent then the new owner has the right. Otherwise the new owner has no right to claim arrears of rent. So kindly look into the sale deed executed in favour of the new owner by the previous owner. Moreover the property seems to be sold during Jan 2009 and the new owner claiming 3 years arrears of rent is not maintainable.
Devajyoti Barman
(Expert) 16 January 2010
The new owner after purchase of the tenanted property has entered in the shoes of the erstwhile landlord and has become the new landlord. Hence he has got all the powers of a landlord available under the Rent Act including collection of arrear rents irrespective of the terms and conditions of the sale deed. There is no bar either in collecting arrear rent as old as 3 years or more.
B K Raghavendra Rao
(Expert) 16 January 2010
Rent is payable to the owner or to any person specifically authorised by the owner. Now, in this case, your friend is liable to pay rent to the new owner from the date of his purchasing the property and the new owner is not entitled to claim the rent for earlier period.
So far as ejectment is concerned, the owner is required to issue a notice to your friend and your friend may reply suitably.
These days, the law favours owners and ultimately your friend has to vacate the premises and handover vacant possession to the legitimate owner of the premises.
Kiran Kumar
(Expert) 17 January 2010
vikas ji, sicne ur friend has already paid the rent to the previous landlord against a proper reciept so the new landlord can not ask for the rent for the last 3 years...as far as subletting is concerned, it is one of the grounds which is hard to be proved by the landlord....however ground of bonafide necessasity is the best one...since u r from haryana, have a look at some commentary upon Haryana Rent Act.
vinod bansal
(Querist) 17 January 2010
Thanks for valueable suggestions.Regards Vinod Bansal
Raj Kumar Makkad
(Expert) 17 January 2010
Kiran ji! The quariest is clearly saying he didn't pay arrears of rent to previous owner and rent is due so no question arises of receiving any receipt of rent from him.
Now new owner has came in the shoe of the previous owner so in the chain of landlordship, he can definitely claim for arrears of rent and it is on your friend to prove that he has already deposited the rent and nothing remains unpaid. The point of sub-letting should be fought vigorously if it is a false ground.
