rent act.
rohit arya garg
(Querist) 03 February 2009
This query is : Resolved
in case of personal bonafide necassity...a landlord filin a ejectment petition for the need of his son who is to retire from service and during the pendency of the ejectment petition he decrees the shop in dispute in favour of this son.(only the property in dispute partitioned and other properties left undivided amongst brothers). tenant filing reply to this amended title and changed circumstances as this was done to create paucity of accomodation as the shop under tenancy was given to the retired son whereas other shop lying vacant and used by other son as godown not decreed in favour of this son(retired).
On amended title and change of ownwership during pendency of the ejectment petition, the rent controller fixed an additional issue that IS THERE A RELATION OF LANLORD AND TENANT BETWEEN THE LANDLORD(SON)AND THE TENANT.the court not deciding this issue specifically but gave a noting regards this fact in other issue.
NOW MY QUERRY IS
1.)that can the appeal be remanded back to decide this issue.?
2, )is a seperate application required for this?
3. )any recent authority on this point?
4.)can tenant dispute to this partition/family settlement.?
5. )any recent authority on this point too
6. )is partial partition permissible.
N.B.----above pertains to the east punjab/haryana rent act
Shyam Ji Srivastava
(Expert) 04 February 2009
Dear Rohit
each state has a seperate Rent Act. Can u write the state
Shyam Ji Srivastava
advocate
rohit arya garg
(Querist) 04 February 2009
i have written east punjab/haryana rent act
Kiran Kumar
(Expert) 08 February 2009
well Rohit, i also belong to Punjab...m giving u the brief reply here...for details u may contact me.
1. Keep in mind that Landlord need not to prove his ownership, even if ur tenant is denying the LL-T relationship, merely by showing the ownership document, ur status as LL will be proved, if the tenant denies so then his possession is illegal i.e. he is tresspasser.
2. Tenant can not challange family partition.
3. Tenant can not dictate terms to the LL, i ve got the latest SC judgment on this issue.
ur case is good one, better u call me...i ll certainly help u.
Kiran Kr. Madan
09814303538
