Legal Question in Landlord & Tenant Law in India

Mr A and Mr B are partners in a firm. The shop is on rent and rent deed is in the name of Mr A. After 12 years, Mr A leaves the firm making Mr B proprietor of the firm. Mr B continues to work since last 30 years. Mr B is giving the rent via cheque as per firm properiotership.
In this case, will Mr B/ firm will be considered as a tenant of the premises?
Reply recieved from Fca Prashant Chavan
No, since the rent deed is not in the name of the partnership firm, B will not be considered as a tenant of the premises. The tenancy rights vest in A.
Dear Sir,
Thanks, I wish to know that since Mr B has paid the rent timely through firm via cheques, can the landlord make Mr B evacuate the premises on this behalf that the tenancy is named on Mr A?

Asked on 7/21/13, 9:06 pm

Fca Prashant Chavan Expert Edge LLP

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22.07.2013

Dear Sir / Madam,

Yes, the landlord has the right to evict the notional tenant B from the premises.

Regards,

Answered on 7/21/13, 10:38 pm

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