Tenant's right and insolvency
mukesh
(Querist) 01 February 2011
This query is : Resolved
A is the land owner.He rented his land to a partnership firm B for a food factory. B construct factory shed and did his business. A co- operative bank gave loan against shed and machinery. No lien on land. After some years B declared insolvency. {it is yet to confirm weather B declared it in the court or not. I don't know weather there was any liquidator appointed by court}The factory was closed since then. B never paid rent even when factory was running. There is a case in the court for not paying rent.NOW THE QUESTION IS HAS THE CO-OP.BANK OR B ANY RIGHT TO THE LAND? HOW CAN A GET POSSESSION OF HIS LAND?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 01 February 2011
If you are the land owner easy for you to get possession , bank has no right on your property.
Amit Minocha
(Expert) 01 February 2011
bank or B has no right. A can claim possession thru Court
Advocate. Arunagiri
(Expert) 01 February 2011
Bank has no right to claim the land. You can get the vacant posession through court, file a interim petition seeking deposit of rent.
Uma parameswaran
(Expert) 02 February 2011
AS a owner of the property you have the right for possession.
M V Gupta
(Expert) 02 February 2011
B or the Coop Bank will not have any rights over the land. But the bank can proceed to recover its dues by sale of the materials of the shed after demolishing it and the palnt and machinary, as it is a secured creditor.However if the lease deed contrains a povision that on termination of the lease B should surrender possession of the land with strucutres constructed on the land, then bank's right to claim the structure will be doubtful.
