Rent act
Satya nand aggarwal
(Querist) 04 October 2016
This query is : Resolved
A took the shop on rent from B. B filed eviction petition against A and C on the ground of subletting by C to A and also on the ground of personnel necessity. It is proved that C was never the tenant and he was only made to make a ground of sub letting.
My query is, if it is proved that the C was never the tenant of B and A took the shop on rent form B. whether still eviction order can be passed on the ground of personnel necessity against A, or B will have to file a separate petition for eviction against A, as he never admitted him as his tenant.
Ms.Usha Kapoor
(Expert) 04 October 2016
B can file eviction suit against A and C by imploding C as party to the eviction proceedings for his personal necessity or bonafide purpose.There is nothing wrong in impeding C as party to the eviction proceedings although B never admitted C s tenant. Otherwise it results in Multiplicity of suits.If you appreciate this answer please click the thnk you button on my profile.
Rajendra K Goyal
(Expert) 04 October 2016
How are you concerned with the query.
since the case is in court, what is the opinion of concerned lawyer?
Kuummaar AS
(Expert) 04 October 2016
Dear Aggarwal.
At the outset, please tell how C can sublet to A in this case.
YOU HAVE SAID
"B filed eviction petition ........ on the ground of subletting by C to A ..."
adv.bharat @ PUNE
(Expert) 05 October 2016
Author need tot explain the query raised by expert.
How can c sub let it to A?
Kuummaar AS
(Expert) 06 October 2016
Mr. Bharat,
PLEASE go through the query.
Author himself has said
"B filed eviction petition against A and C on the ground of subletting by C to A"
adv.bharat @ PUNE
(Expert) 06 October 2016
My query is, if it is proved that the C was never the tenant of B .
We need fact of case. If & But have no meaning in eyes of law.
No one can interpret the law based on it,but.
cherukuri prasad
(Expert) 07 October 2016
All parties can be made respondents in one petition itself.
Kuummaar AS
(Expert) 07 October 2016
Satya nand aggarwal,
Why are you silent and just enjoying advice/comments of experts?
Rajendra K Goyal
(Expert) 07 October 2016
If so, query may be treated as resolved.
Satya nand aggarwal
(Querist) 16 October 2016
I have gone through all replies by my learned friends, but my query is still the same whether still eviction order can be passed on the ground of personnel necessity against A my client . In my opinion B will have to file a separate petition for eviction against A, because he never admitted A as his tenant, and he has not come to the court with clean hands , therefore must fail.
Kuummaar AS
(Expert) 16 October 2016
Satya nand aggarwal
You were asked to tell how C can sublet to A in this case.
YOU SAID IN THE QUERY
"B filed eviction petition ........ on the ground of subletting by C to A ..."
Now, after enjoying advice/comments of experts for 12 days, you have given your own opinion without any mention of C
Very Interesting!
May God bless you!
Rajendra K Goyal
(Expert) 16 October 2016
Agree with the comments from expert Kumar AS.
