Mahrashtra rent control act 1999 section 55
dinesh
(Querist) 23 December 2013
This query is : Resolved
Sir,
I had executed the agreement(unregistered) for open land with lessee in the year 1992. At that time original agreement was kept by lessee with him saying that he will get copies of it and will return tome. Considering his senior age and his relation with my father I relied on his words. I asked many time for the original but he didn't gave me original or copy either. He was paying me rent very nominal and is earning very high by keeping sub tenant. Now I have terminated the agreement by giving one month notice as it is not protected under rent control act. Now he replied to my notice by the lawyer and threatened me that he will take action on me under section 55 of mahrashtra rent control act 1999. I want to know in above case what consequences may arise? Can I try for the suit of eviction?
ajay sethi
(Expert) 24 December 2013
file suit for eviction against the lessee . it appears your lessee wants to contest the proceedings and claim he is a tenant .
Kishor Mehta
(Expert) 24 December 2013
Sir,
Section 55 of Maharashtra rent act relates to a tenant, it is apparent that the person whom you term as lessee now claims to be your tenant.
You have two alternatives: [1] Either you start proceedings for his eviction as a lessee, but from what you have stated, that you do not have any written evidence, the chances are bleak, [2] alternatively you gather valid evidence about sub-letting of the premises, which my help your case, as a tenant can not sub-let the premises.
Please approach a competent advocate.
Good Luck,
Kishor Mehta
T. Kalaiselvan, Advocate
(Expert) 24 December 2013
The expert Mr.Kihsore Mehta has suggested some valuable ideas, kindly follow it up if it suits you or consult a local lawyer to deal this matter effectively.
dinesh
(Querist) 25 December 2013
Thank you sir. I have gathered some evidence as your advice and also copy of written agreement.
