Dear ALL,
My neighbour faces this peculiar situation, Pls help.
A registered rent agreement is between Mr. X and Mr. Y.
Though the tenant is Mr. Y, His blood relation Mr. Z is using the property for business purpose and as per the terms of the rent agreement, the rent is paid in cash and the legal successor of the landlord, Mr. A, duly discharges receipts in the name as per the rent agreement.
(Late) Mr. X, clearly passed on the rented property to his legal successor Mr. A. (not a blood relation) in legally accepted way and also the tenant has been paying rent to Mr. A after the demise of Mr. X.
Years passed and the tenant also expired. May be for a year or so the rent is due. Also Mr. A was not aware as to what is happening and as the amount is very low, Mr. A did not bother much for the recovery.
One fine morning Mr. Z approaches Mr. A, and teling the fact that the tenant named in the original rent agreement is expired more than a year ago and I am paying the rent from his death period to up-to-date and requests to issue a rent receipt in his name, WHILE HE IS NOT A PARTY TO THE CONTRACT OF RENT.
Mr. A has been denying to issue a rent receipt in the name of Mr. Z. and gives him two option:
1. To come for a talk to prepare a fresh rent agreement between Mr. A, GThe Landlord and Mr. X the occupant of the rented property, considering the market rate of the rent which may be several times of that of the rent he had been paying,
2. To buy the property at Morket rate which is almost impossible for Mr. X
Legally speaking, Mr. X is an unauthorised encroacher and stranger to the contract of rent and using the property with his influence of blood relation with the original tenant and also dodging to come to terms.
What are the options The Law gives to Mr. A, The Landlord, considering the Rent laws in Kolkata, West Bengal ?
Please comment.
