rent act

Querist : Anonymous (Querist) 21 April 2011 This query is : Resolved
what happens to the tenants right under mumbai rent act if the rented premises collapses due to old structure.Is it that the landlord get the possession of the rented premises.the premises is located in pune cantonment prime location.If the lanlord doesnot repair or rebuild the structure for next 20 years.What happens to the tenancy right.The tenants were not using the premises for long time duo to its dangerous condition.

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Raj Kumar Makkad (Expert) 21 April 2011
The tenant might have agitated in the initial years seeking re-construction or necessary repairs of tenated premises but he kept silence till more than 20 years so now relationship of tenant and landlord expires automatically by lapse of such long period and tenant cannot derive any benefit out of old relationship.

M.Sheik Mohammed Ali (Expert) 21 April 2011
yes, i agree Mr.Makkad

Parveen Kr. Aggarwal (Expert) 21 April 2011
Relationship of landlord and tenant is a contractual relationship and unless terminated, it continues (section 109 of the Indian Evidence Act, 1872). Despite the dilapidated condition of the building the legal possession thereof remained with the tenant.

You have stated that the property is situated in the Pune Cantonment area so the provisions of Rent Act might not apply to the property.

In case the tenant claims any right after the collapse of the building, the landlord may get order of eviction against the tenant through the process of the court.

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