Sub tenancy
Thakkar...
(Querist) 11 November 2013
This query is : Resolved
A Partnership firm was in possession of an office premises since 1940 as documented by a telephone installation in the firm’s name. The office was given to the firm by a person who himself was a tenant. Subsequently, the firm was dissolved & by virtue of the dissolution agreement, possession of the office passed on to one of the partners. After the death of the partner the possession passed on to the partner’s son.
Rent was being paid in cash for the past 70 years in cash & no receipt was being issued.
Can the partner’s son claim tenancy rights & deemed to be a tenant by virtue of possession since 70 years?
The building is undergoing redevelopment. Whom shouldl the new landlord/redeveloper recognise as the tenant? The tenant on records or the sub-tenant with possession?
Please guide.
Thank you
ajay sethi
(Expert) 11 November 2013
does the rent agreement between landlord and tenant permit sub tenancy ?
in case it permits sub tenant shall be deemed to be tenant of the premises .
Thakkar...
(Querist) 11 November 2013
Thank you Mr. Sethi for your response.
There is no rent agreement. It is a 70 year old matter. The 2-3 landlords have come & gone.
ajay sethi
(Expert) 11 November 2013
file declaratory suit as sub tenant in possession for last 70 years
Raj Kumar Makkad
(Expert) 11 November 2013
Eviction petition shall suffice as landlord. should not recognize the son of the one of the partners as his tenant rather should claim it as a sub-tenancy. Eviction under Rent Act is an easy process rather of filing the suit for possession.
Thakkar...
(Querist) 12 November 2013
Mr Makkad,
What I understand from your statement is that it will be easier for me to be evicted by the tenant or the landlord but difficult be for me to get possession by filing a suit.
In that case what is the best option for me?
Should be ask for some compensation & hand over possession?
ajay sethi
(Expert) 12 November 2013
settlement is always best option . take the money and scoot
