Shop on pagdi on illegally acquired land

Querist : Anonymous (Querist) 17 June 2011 This query is : Resolved
We have a shop taken on pagdi from the landlord. My landlord had purchased this property from someone who had illegally occupied the land belonging to someone else and sold it to my landlord and many other people in that area. My landlord pays the municipal taxes, property taxes etc.1) Does paying taxes make the landlord the legal owner of the property. 2) Should we pay the rent to the landlord if the property is acquired illegally?

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PALNITKAR V.V. (Expert) 17 June 2011
Your landlord can not become owner on the basis of illegal transaction unless he acquired title by adverse possession. But you would be able to protect possession until dispossessed by due process of law.

Ravikant Soni (Expert) 17 June 2011
Your contract with landlord is comes under definition of lease.
In lease covenant there in not requirement of landlord being owner of such land.
lease is a transfer of rights of enjoyment upon the lease property.
Whenever you dispossessed from such shop you may recover your PAGADI from landlord by filing civil suit.

Querist : Anonymous (Querist) 17 June 2011
Sir,If the landlord is not the owner than does he has the right to take rent or even give the premise on pagdi.

Ravikant Soni (Expert) 18 June 2011
A landlord need not to be owner of property.

Querist : Anonymous (Querist) 18 June 2011
Sir,
All the tenants have stopped paying the rent to the landlord as it clear to every body that the property belonged to somebody else. Even we are planning to stop the rent. Will it be legal?

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