Rights of tenant in rented commercial premises.
KETAN J SHAH
(Querist) 07 August 2013
This query is : Resolved
Respected Sirs,
The Landlord had rented his premises to a Tenant for a Pathology Laboratory which was a 180 sq.ft Garage. .But he has not taken any deposit or Pagdi from the Tenant .Only a minimal amount of Rent is paid by the Tenant.
Some time ago the Landlord started construction of additional floors on the exhisting Bldg with full permissions from B M C .The Tenant was shifted from the Garage to a proper premises.After entering the premises the Tenant stopped paying the Rent.Repeated corrospondane and request were made to Tenant.He did not pay the Rent,Taxes and the Landlord was forced to file eviction suit on the Tenant as this tenant carried out illegal additions/alterations in the alloted premises .The Tenant obtained oeder from the court to deposit rent/taxes but even after this he is not depositing the errors of Taxes atall and neither the Rent is deposited on time.
The question is can the tenant who has proclaimed himself as Properitor of the Pathology Laboratory induct his Brother and Son in the premises.The Rent receipt is in the name of Tenant only and not in the name of his brother or son.Do the Relatives of the commercial Tenant have any right in the premises.The Tenant has incorporated his son in the Commercial premises recently even as the suit is pending in the court.
What action can be initiated against this act of the Tenant.
Your valuable advice will be highly appreciated.
Thanking you in advance.
Rajendra K Goyal
(Expert) 08 August 2013
The premises was used commercially and was rented to a person for pathological lab. If the person is still the owner / partner in the lab it can not be said to be subleted.
KETAN J SHAH
(Querist) 08 August 2013
Respected Sir,
It is true that the Lab occupant is still coming to the Laboratory.But when 2 suits are filed against him 1) one for eviction as he has carried out illegal additions/alterations in the premises and 2) when M R T P notice is issued on him by B M C then at this stage can he incept his son who is not a pathologist by profession in the Rented premises. If not then what action the Landlord and the court initiate against the Lab occupant.
Please advice
Thanking you in advance.
Rajendra K Goyal
(Expert) 09 August 2013
It is not clear the inception of son in business / premises in which capacity, if as partner / employee nothing illegal.
Raj Kumar Makkad
(Expert) 09 August 2013
The tenant cannot take shelter in the way you told in the subsequent facts. The outcome of the cases shall have to be fully followed by him.
prabhakar singh
(Expert) 09 August 2013
Inducting a partner in a proprietorship firm or inducting a new partner in a partnership firm is legally considered to be 'subletting' in many Rent control Acts.
Get checked with your advocate how is law
in maharashtra in this respect.?
KETAN J SHAH
(Querist) 09 August 2013
Respected Sirs,
Thank you for your valuable expert opinions.
Further the inception of Tenant's son is neither partner nor an employee. The Tenant is almost 70 years and he wants to quit the Laboratory. It is clear that once the original Tenant quits then his brother who is also not a partner or employee as the tenants son they can gobel up the premises.
The tenant has changed the name of original tenancy from ABCD pathology Laboratory to ABCD laboratory.
This law is applicable in Resident premises where a son automatically becomes the Tenant after the Father but as far as commercial premises are concerned this rule does not apply and specially not in cases where the Tenant is in litigation with Landlord.The Landlords advocate is also of the same opinion that the commercial Tenant cannot incept his brother or son in the premises when the Tenancy is in his name.The height of the matter is that the Tenant has put his brother and sons name on the Report s which he gives to his so called patient.
He is advertising by the way of his report that he is No 1 in Bio-Rad Quality programme in india and 3rd , internationally.
Can these advertiments be printed and advertised in this way and for your information the Tenant or his brother or his son are NOT qualified M D pathologist doctors .They have not availed the services of any M D pathologist to sign the Reports. These 3 are just signing the reports and people do not these facts.The whole show is continuing because the Tenant and 2 others are giving heavy commission to the Doctors who refer the patients to them for test.
Please advice as to wether these facts can be placed before the Hon courts.
Your valuable opinion will be highly appreciated
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 August 2013
1) In running cases litigant try to get advice of their liking over the head of the advocate conducting the case.
2) There are variety of opinions and same has to be digested by the advocate concerned and put in proper manner before the court.
It just can not happen unless the concerned advocate is making the query.
3) In the present case the Mah rent control act does not bar partnership or even ASSIGNMENT of rented property.
4) Only non payment of rent is fatal but far that also courts grant liberal time limits.
5) In rent control acts of all STATES most technical point is issue of proper notice and it comes to be understood at HC or even SC level to THE detriment of over confident LANDLORDS.
prabhakar singh
(Expert) 09 August 2013
Dear Querist! you seem to be laboring in some confusion and need to read following:
THE MAHARASHTRA RENT CONTROL ACT, 1999
(MAH. ACT NO. 18 OF 2000)
Section 7(15)(15) "tenant" means any person by whom or on whose account rent is payable for any
premises and includes,-
(a) such person,-
(i) who is a tenant, or
(ii) who is a deemed tenant, or
(iii) who is a sub-tenant as permitted under a contract or by the permission or consent of the landlord, or
(iv) who has derived title under a tenant, or
(v) to whom interest in premises has been assigned or transferred as permitted,
by virtue of, or under the provisions of, any of the repealed Acts;
(b) a person who is deemed to be a tenant under section 25;
(c) a person to whom interest in premises has been assigned or transferred as permitted
under section 26;
(d) in relation to any premises, when the tenant dies, whether the death occurred before or
after the commencement of this Act, any member of the tenant's family, who,-
(i) where they are let for residence, is residing, or
(ii) where they are let for education, business, trade or storage, is using the premises for any such purpose,
with the tenant at the time of his death, or, in the absence of such member, any heir of the deceased tenant, as may be decided, in the absence of agreement, by the court.
Explanation-- The provisions of this clause for transmission of tenancy shall not be
restricted to the death of the original tenant, but shall apply even on the death of any subsequent tenant, who becomes tenant under these provisions on the death of the last preceding tenant.
prabhakar singh
(Expert) 09 August 2013
Specially read"(ii) where they are let for education, business, trade or storage, is using the premises for any such purpose,
with the tenant at the time of his death, or, in the absence of such member, any heir of the deceased tenant, as may be decided, in the absence of agreement, by the court."
So even commercial premises are heritable
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 August 2013
Mah rent control act also provided for more very interesting scenario in favor of tenants .
1) Sec 55 makes it mandatory for landlord to have tenancy agreement registered otherwise it a punishable offense.
2) Apart from punishment if the agreement is not registered the terms of tenancy will be as per version of tenant and not landlord.
3) And terms of T P act will also come in operation and the tenant can very well claim tenancy to be ANNUAL or even PERPETUAL.
4) NOW even if tenancy is claimed to be annual by the tenant than any Notice has be given as per TP ACT that is SIX MONTHS time has to be given to tenant.
5) Here again another trap in TP ACT, the notice period must expire at the end of the year for annual tenancy and not in between period of the year.
6) So the advocates who actually practice for rent act use these finer traps and so cases go on shunting from appeal to remand.
Sudhir Kumar, Advocate
(Expert) 27 August 2013
you are perhaps away from thinking of future. Tenants make heavy expenditure only if intending to usurp the property.
