Victim of tenant by landlord

Dear Bala / Kumar,

After going through your queries and replies here in, I am of the view that you both are out ceiling of rent act / rent control act of your state/ city. As per Trasnfer of Property Act notice is must before eviction. You both are paying rent through cheques and landlord is not issuing rent reciepts even then you can  prove that you are paying rent. Lease / tenancy under rent act/ rent control  can be terminated. when you are out ceiling of rent act / rent control act then tenancy / lease can be terminated and in absence of any registered rent agreement / lease deed, tenancy can be terminated under section 106 of T.P.Act by giving 15 days notice. You would not have any remedy but to linger on case on one pretext or other or would get time from court by giving undertaking that you would vacacte after specific periold. The tenant has no defense after recent judgments of supreme court in rent law / transfer of property act.

Regards

Rajiv Bhasin

Advocate

Bhasin & Associates

9868635640 / 9811210505

I disagree from Mr Bhasin

Its not Shop

Its residential premises and the Landlord must prove that he requires for his personal use as the existing premises in his possession is not sufficient

The Tenant must get alternative accomodation too

you cannot evict tenant of residential property like that

its not transfer of property

its tenant landlord relationship

not buyer seller

pl react

Mr. Suresh Godbole please go through the reply of Mr. Bhasin which is in consonance with my reply. A statutory tenancy and a simple lease are two different things.  When tenancy is not protected under the rent laws, and there is no fix tenure of lease, it can be terminated as per notice under 106 TPA. it does not matter whether it is commercial or residential premises.  Bonafide needs and comparative hardship comes under rent control laws. that is why I asked whether the tenancy was protected i.e. rent laws apply and Mr. Bhasin has also opined that considering the rent being 7000/- pm perhaps he was out of ceiling for a protected tenancy. 

Mere quoting laws will not debar any citizen for taking recourse to Principles of Natural Justice

When these Principles are applied then the hardships of both will be viewed comparitively by the Honble Courts

If Mr Bhasins and Your views are to be followed the Landlord can terminate the agreementt as per his wishes and can EVICT THE TENANT /Lessee at his OWN WILL by hiring musclemen

That is no solution

Landlord availing Rent for a long time above the limit of Rent to be fixed by authorities and suddenly he comes to the conclusion to evict the tenant

Accepting Rent from a tenant PROVES THAT THE TENANT /LANDLORD RELATIONSHIP EXISTS BETWEEN THE RENT GIVER AND RENT TAKER

OF Course No one is taking away the rights of the Landlord to take recourse to JUDICIAL PROCESS TO GET HIS PREMISES VACATED FROM THE TENANT

BUT , IN MY OPINION , NO COURT OF LAW CAN COME TO A CONCLUSION THAT HERE THE RELATIONSHIP BETWEEN THE TWO IS NOT OF LANDLORD AND TENANT

Dear Mr. Suresh,

Please go through the queries raised and replies herein before forming any  opinion. The rent in question are above Rs.10,000/- which in any case is above ceiling / limit. Now tenancy covered under TP Act not under any ren act. so you better refer the judgments of Hon'ble Supreme Court and various High Court on this issue under section 106 of T.P. Act, thereafter you will come to know about the real picture. at the first instance tenant has to take injuntion from court so that he should not face any harrasment by landlord / musleman as per my earlier reply. There are number of views / solutions for given problem. but your view is not  practically applicable. I had appeared from both sides so i am well aware of the situation / scenario.

When the rent is under any rent act / rent control there must be ceiling then tenant can get the standard rent fixed through court of law otherwise not. Mr. Suresh you being advocate better be sure about the subject before commenting.

Regards

Rajiv Bhasin

Advocate 

I have raised some basic issues of Principles of Natural Justice

you are right the tenant must take injuction

but he has to be considered tenant

what else will he be considered

also if he pays above , it does not bar him getting the rent fixed under the act for future

saying he is already paying the rent so much

what court will say , he has no remedy

suppose he would be paying less

the landlord would have gone to get it fixed

advocate or no advocate , the priciples of logic and natural justice plays its role and if the act do not  address these , the act must be challanged to be against the laws of NJ and is liable to be struck down

i hereby sought others/ experts  to throw light  on the subject 

Dear Suresh,

I appreciate your view but please go through Transfer of Property Act. Once a tenant is always a tenant this is a basic rule. when the rent deed is registered, landlord cannot get the property vacated forcefully or through court before conclusion /  expiry of lease period. If  lease deed is unregistered then it can be looked in for collateral purpose meaning thereby that court will give follow all procedures of natural justice. even otherwise eviction through court will take minimum two to three years till then tenant have all the rights to enjoy the property. for any clarification please call me.

Rajiv Bhasin

Advocate

9811210505 / 9868635640

Obtain an injunction from the court restraining the landlord from evicting you from the premises without recourse to legal methods.