Suvajit Mandal (Associate) 11 June 2013
Dera Sir,
My father is a tenant under pagdi in Mumbai. Due to default of rent, court have issued eviction order from the premises. In the mean time the lease between my Land Lord and the actual owner of the Land is over and due for renewal, the lease is yet not renewed. Also there are plans for redevelopment. Can you pls help me if there is a work around legally available to retain the premises.
Thanks
Hemang (Advocate) 11 June 2013
If the term of the lease expires, the lessee has to gracefully surrender the premises. And in your case, the lease is not renewed. So from the view point of landlord, it is a case of "holding over". The landlord can definitely ask for eviction after serving notice upon you to quit.
Suvajit Mandal (Associate) 12 June 2013
Dear Sir,
many thanks for your revert.
Is there any way to combat this court order of eviction against theblandlord apart from out of court settlement. As I mentioned, the building lease with land owner an landlord is over and not yet renewed and also the building is awaiting redevelopment.Kindly let me know.
thanks.
Hemang (Advocate) 12 June 2013
If you want to prolong the eviction, do not hand over the possession of the premises. Let the landlord file a suit for eviction. But as such there are no merits in the case.
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