Tenancy rights
stephen
(Querist) 28 July 2011
This query is : Resolved
Dear Sir, We are tenants for the last 40years. In July 2006 there was heavy leakage from the roof due to rains. We had to shift and stay on rent in another place nearby. Simultaneously other tenants staying on the top floor (beside us) also shifted since the building was in very bad shape due to heavy leakage. The landlord then filed eviction case in Thane Court against us. The case is come up for cross examination. Can we change the lawyer since the lawyer says our case is weak and we will lose all tenancy rights if the building collapses. One gallery of one of the flats has fallen and now nobody is residing in the building though the building is standing leakage still continues. Please inform whether we will lose our tenancy rights if the building collapses due to natural calamity - heavy rains. Meanwhile one builder has approached us through the lawyer for a settlement. Can he purchase our tenancy right? Is this legal? Kindly guide us.
Advocate Rajkumarlaxman
(Expert) 29 July 2011
as afar as lawyer is concerned you can change him or even addition to him also engage another lawyer. but as he states that if building collappses the rights wave off. if already the court has accepted the rights then there is no effect but if the same is still not decided then he nay be right depending upon the exact facts of the case. if you need a clear ex[lainantion then fell free to give a call but please send me the exact details of the matter along with orders if any interim . if possible scanned copies . my no is 9167004496/9323690563
M/s. Y-not legal services
(Expert) 29 July 2011
Yes. Your case is too weak. You are the tenant for subject building, now the building is very damaged. Also you evicted from the subject property. If the building got demolished mean where is your case. You case will become as infractuas.
prabhakar singh
(Expert) 29 July 2011
Meanwhile one builder has approached us through the lawyer for a settlement.
AND I THINK settlement A BEST PROCESS TO ANY PROBLEM,YOU CAN GO FOR CASH RECEIVED OR FOR WRITTEN PROMISE OF RE ACCOMMODATION IN NEW CONSTRUCTION BY A COMPROMISE IN COURT NOT OUT SIDE OF COURT,AND LET THE SUIT BE DECIDED ACCORDING THE TERMS OF COMPROMISE.
stephen
(Querist) 30 July 2011
Dear Sir, Thanks for your opinion. I am attaching copy of Plaint.
Pl advise.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 30 July 2011
You have to contest the matter in court so seeking advice on public platform can not help you. Pl engage a good advocate if you really want results.
