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sanjay govind parande (Addl. Superintendent/Dy.Commissioner of Police (HQ))     13 August 2011

Tenancy rights

I am retired State Government Servant.  I was in Maharashtra Police service and retired on superannuation w.e.f. 31st May 2011.  I have been residing in a residential quarters, which is taken on rent by the Commissioneet Police/Government at Prabhadevi Mumbai.  I was allotted the said tenancy accommodation in August 1984 and I have been occupying the same since then. The accommodation admeasures 540 sq ft and the rent is directly paid to the landlord by the office of the Commissioner of Police.

I understand that an ordinance was issued sometime in the nintiess in which there  was a provision that all those government servants who are residiing in such tenancy accomodation since prior to April 1995, will automatically  get the tenancy right. The ordinance was reportedly challenged and the fate of the  same is not known.

It will be highly apprceiated if I am informed about the legal position.  I do not have any property in mumbai in my name and would like to continue occupying the present accomodation.  Am I entitled to get the tenancy right transferred in my  name..The land lord will have no objection because the rent paid to him by  the Commissioner of of Police is Rs. 450/- per month and the land lord is required to pay the maintenance charges towards the flat from his pocket.

Awaiting Response,

Thanking you  and with kind regards,

Sanjay Parande

I



Learning

 3 Replies

AAK (Advocate)     13 August 2011

As per my knowledge there is no such law which entitle you with that right. You can retain the possession as tenat until landlord vacate you in the lawful manner.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     13 August 2011

It is better to first see your Rent Deed and provisions made thereunder. It i diccult to believe that you are tenant at present in the mentioned premises as the person ocupying is directly paying rent to landlord and is receiving receipts in his name. Whether sub-tenant is permissble in your case or not is also most relevant factor to be got verified from your deed of rent, if any.

sagar binki (nil)     15 August 2011

If the said building is acquired by the police deptt.for renting purpose to their employee,you may enquire about the duration of contract a nd if contraqct is over,you may become tenant  directly of the landlord.


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