Urgent - tenancy over 50 years
Mahesh Garg
(Querist) 06 April 2013
This query is : Resolved
A shop is taken on rent by a person since 50 years. And he is regularly and promptly paying the rent to the landlord.
However, no rent agreement had been executed between them.
Now the landlord is forcing the tenant to vacate the shop and also the tenant has received 1 month's notice for the same.
Also no compensation has been offered yet by the landlord.
The tenant don't want to vacate the shop instead he wants to gain possesion over it. The electricity bill is issued in the name of tenant since many years.
Question is whether any remedy is available to the tenant? If yes, then please tell what does the tenant need to do now?
Please reply as soon as possible.
Thanks in Advance
prabhakar singh
(Expert) 06 April 2013
In which state the shpo is?
There are different rent control act in states who protect such type of tenancy.
keep rent receipts safe. Let hime file the suit first.What ground he has set up in the notice?
Adv k . mahesh
(Expert) 06 April 2013
only compensation can be awarded or
discuss with landlord and settle with buying the shop with the advantage of being there for such a long time
Mahesh Garg
(Querist) 06 April 2013
Prabhakar sir,
The shop is in the state of ORISSA.
ajay sethi
(Expert) 06 April 2013
you must be having rent re ceipts . earlier practise was to give rent receipts no rent agreement was entered into in most cases . since you have been in posession for over 50 years you would be a protected tenant . contact a local lawyer
let landlord file suit for eviction .
Vidhi Joshi
(Expert) 06 April 2013
50 years and rent receipts you have a upper hand..
Advocate M.Bhadra
(Expert) 06 April 2013
Now you should hold possession, paying rent and send a legal notice in response to the said notice.If the landlord refused your rent then deposit the same to the Rent Controller or send by Money order.Wait till file a suit by the landlord.
Devajyoti Barman
(Expert) 06 April 2013
Without due course of action no tenant can be evicted.
If you think there may be exercise of extra judicial means, you may got to court in declaratory suit and pray for injunction.
R.K Nanda
(Expert) 06 April 2013
no more to add.
Mahesh Garg
(Querist) 06 April 2013
Thanks all for your valuable guidance.
Only one doubt that from all your above replies can it be inferred that the tenant don't have to reply to the notice and wait and watch what action does the landlord take after 1 month's expiry?
prabhakar singh
(Expert) 06 April 2013
Unless you post the contents of notice we can not advise,me atleast,what to do?
prabhakar singh
(Expert) 06 April 2013
Your case is to be governed by the The Orissa House Rent Control Act, 1967 as amended up to date.
My best advice is that visit a local lawyer
practicing rent law cases in orissa.
Mahesh Garg
(Querist) 06 April 2013
Prabhakar Sir,
had the notice been issued to me i would have surely provided the details but it's a case of one of my friend aggrieved by it. He called and sought help from me. Therefore i asked a general query to try & help him.
As soon as i receive the copy i will surely provide the details and then ask my query.
Sorry for any trouble caused.
Thank You
prabhakar singh
(Expert) 06 April 2013
All right then.I shall help you or your friend till I am blessed with life.
Raj Kumar Makkad
(Expert) 06 April 2013
Nothing to add more except a suggestion to get the real problem posted through your friend only with exact specifications and facts.
Sudhir Kumar, Advocate
(Expert) 07 April 2013
nothing more to add except that you have got effective support of Mr Singh
