Tenancy property
Kanti jain
(Querist) 14 August 2012
This query is : Resolved
I was a siting tenant of a property in mumbai since 1979 on wards after few years I
shifted abroad and behind my back,the land lord fooled my old age father and manipulated him to surrender the tenancy as if he was residing there since 1979 and took the possession of the room in 2001.since that my fathher had died.Now I am back and noticed that the bldg was demolished and redeveloped and the flat were either sold or given to old tenant except me.
what are the best option available for me to get my room space back in new bldg.
Devajyoti Barman
(Expert) 15 August 2012
If the surrender of tenancy was not made under force or coercion, I ma afraid that you could do nothing now.
prabhakar singh
(Expert) 15 August 2012
No option available now,if you permit me to speak frankly as time has run fast over your right,even if there was any.
Kanti jain
(Querist) 15 August 2012
Thanks for the reply but my father was never a tenant so he had no right to surrender even though no use of force.Fraudulntly The land lord treated my father( who was simply a care taker in my absence)as a tenant and took over possession from him of my tenancy which amonut to ilegal pssession taken by fraud.The limitation act1963 permit 12 years period for the suit and I intend to file suit for recovery of possession of equal amount of immovable property/compensation under Specific relief Act.Will appreciate commecnts from experts.
kuldeep kumar
(Expert) 16 August 2012
but u ll hv 2 prove dat u hv been in possession during 12 yr.will u?
M V Gupta
(Expert) 16 August 2012
If you are the real tenant why did you keep silent all these years? In whose name the rent receipts were issued by the land lord? When u had shifted abroad, did you give transfer chit in favor of your father? It would be difficult for any one to believe that you were not aware of the surrender of the tenancy by your father. Your father must have received compensation from the Land Lord when he surrendered the tenancy. The success of your suit will depend on satisfactory answers for all the above issues. On the basis that the surrender of the tenancy took place in 2001, you have time up to 2013 to challenge the surrender of tenancy and initiate legal action against your Land lord.
RAJU O.F.,
(Expert) 20 August 2012
When you were happily living abroad you had to be in contact with your poor old father who would be in trouble. Now it is too late after surrendering the tenency 12 years back.
