Fate of rented premises under rent act

Querist : Anonymous (Querist) 04 September 2010 This query is : Resolved
We were tenants of a charitable trust residing in a dalipiladated buildings requiring urgent repairs. Trust has sold off the building 2006 to a notorious builder and they are neither repairing the buildings nor allowing us to repair them at our cost in spite of our several applications to BMC to grant permission u/s 499 of BMC Act.

Our contempt petion of 2009 against BMC is pending and being delayed to protect corrupt BMC officers. We now have following queries with experts:

1) What can be done to see that the judgement is not delayed as BMC has admitted to contempt of order passed in our petition 2028 of 2008 by not granting the permission.

2) Given the criminal mind set of the new land lords they may engineer the collapse of building by foul means. In such eventuality will the tenants have any kind of rights to their rented premises.

Kindly give serious thought and advice suitably.

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s.subramanian (Expert) 04 September 2010
In the same proceeding itself you can submit your apprehensions to the court and seek injunction restraining any unlawful interference and illegal demolition against the land lords.

Devajyoti Barman (Expert) 05 September 2010
Yes filing a suit for declaration and injunction in this circumstances is a good remedy.

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