Legal Question in Administrative Law in India

I am owner of property at Nagpur city.

By way of registered LEAVE & LICENSE under The Maharashtra Rent Control Act 1999, I allowed to occupy and use the property to licensee.

As licensee is not paying license fees, Also the Term of LICENSE is expired before 2 years.

I filed application for evictition U/s 24,42,43 of THE MAHARASHTRA RENT CONTROL ACT 1999 IN SEPTEMBER 2013 in court of COMPETANT AUTHORITY AT NAGPUR.

Summons were served to NON APPLICANT on 30/10/2014.Non-Applicant appeared in the case almost on every date.

As more than 150 days are passed over from receipt of summons till today N.A. did not replied to my application.

Even after describing orally, The Competent Authority have not taken any action as described in section 43(4)A of THE MAHARASHTRA RENT CONTROL ACT 1999. And taking adjournment on every date without any order.

What should I do so that , N.A. will be directed to pay license fee(rent) during the pendency of the case? And N.A. will be out of case as described in section 43(4)A of THE MAHARASHTRA RENT CONTROL ACT 1999 ?

By which rules/acts/laws, competent authority will be insisted to take lawful actions as described in THE MAHARASHTRA RENT CONTROL ACT 1999.


Asked on 4/03/14, 3:57 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

04.04.2014

Dear Sir / Madam,

I have already told you earlier that the Rent Act across India has been abolished way back in 1985 and has been replaced by the Licensor-Licesee arrangement governed by an Agreement for Leave and License (ALL) with the lease duration ranging from 11 months to 3 years. A Licensee is an "illegal trespasser" in the premises of the Licensor-Owner on expiry of the ALL duration.

Regards,

Read more
Answered on 4/04/14, 8:13 am


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