Ownership under rent act
TRIBHUVAN PUROHIT
(Querist) 27 January 2012
This query is : Resolved
Dear Sir,
This is with continuance to my earlier query for ownership under shops and establishment act where one person claiming his ownership by just having shops and establishment license.
The basic query concept is:
One trader having his shop with attic.
The grandfather of the trader had given the attic to his friend for doing business, there are no agreements etc being made, all the papers are in the name of trader itself.
The trader has registered property agreement, paying all the dues of property including statutory dues in his name only.
When my trader friend asked him to vacate the premises as he wants to sell the same having need of funds, he denied for the same.
He is now claiming of ownership by showing only one document as The Bombay Shops & Establishment Certificate in his name.
Secondly he told us that he is also covered under Rent Act.
The premises was closed since last 10 months.
I want to know the concept of Rent Act where we can prove our ownership, we have not given him any demand notice/Rent receipt etc. for the period of his occupancy since almost 25 years.
Now when we decided to sell the premises he came and opened is premises and sitting by having battery operated emergency light.
I want to know what are the concept of Rent Act where we are in position to get our premises vacated and sell the same.
How one can claim his ownership under Rent Act though not having any documentary
evidences?
Awaiting reply.
Thanking you,
Tribhuvan Purohit
Can anybody claim tenancy rights on the premises occupied though not making any payment towards rent nor has he been issued any demand notice or receipt issued to him.
What are the provision under Rent Act where one person though
ajay sethi
(Expert) 27 January 2012
no he cannot calim tenancy rights under rent act. he does not have any rent receipts nor has he ever paid rents .
TRIBHUVAN PUROHIT
(Querist) 27 January 2012
Dear Ajay Sir,
Thanks for replying,
Please let me know in detail / sections in depth which i can prove in the court of law
Thanking you,
Tribhuvan purohit
ajay sethi
(Expert) 27 January 2012
already replied . how many threads you raise for same query ?
Raj Kumar Makkad
(Expert) 27 January 2012
The claim of illegal occupant is not tenable before law. Such person is in permissive possession of owner without any payment so withdraw permission by way of serving notice and file suit for possession and obtain the stay order against creation of third party interest in the property.
prabhakar singh
(Expert) 29 January 2012
repeated one does not deserve reply.
V R SHROFF
(Expert) 29 January 2012
the occupier have NO TENANCY RIGHTS.
civil court WILL GRANT INJUNCTION IN YOUR FVR AS SUGGESTED BY MR. MAKKAD.
