Legal Question in Landlord & Tenant Law in India

Hello. Sorry this is 2nd posting in a short time. My earlier posting was responded as not clear on facts so let me clear the facts in details.

I am a bachelor and 1 month back rented an apartment in Andheri East Mumbai. This was taken on an rent agreement of 11 months with clause that I can�t sublet the apartment. During the process of leasing the place complete police verification has been done.

During the time I moved in there was a tiff between myself and the watchman of the building regarding hiring maid which he was recommending and I didn�t hire. Cause of this he had raised a false alarm in the society that girls are coming and staying over at my place and leaving early morning however the case is that only 1 of my female friend comes early morning for walk hence it was mispotrayed.

I have not caused any kind of intentional nuisance to the society members to the best of my knowledge neither do I have any intentions for the same but still there has been an objection raised to female visitor coming to my place without any basis. I am not conducting any illegal activity over here for certain.

I have been informed that lease agreement is only on my name hence no one is allowed to be staying at my 1 room kitchen apartment overnight. Also there has been talk about vacating the property.

My query here is 4 fold:

1. There is no society register for visitors hence none of the visitors of any other society members are entering details on their purpose of visit and time of visit. Just because of the fact that I am a bachelor I have been asked questions about my visitors? Is this correct? Can I take any action against it?

2. In case landlord or society asks me to vacate the premises on this basis then do I have a right to contest against this order? If so then where can I contest this? I feel that this is kind of harassment cause I am a bachelor. I had heard that in 2009 there was a ruling that no society can bar any one to live in a place just because of the fact that the person is bachelor and all bachelors can�t be assumed to be indulged in immoral / illegal activities. How is nuisance to neighbors / immoral activities defined by law and who does an assessment for this in case a legal action is taken?

3. If legal action is taken, am I supposed to vacate the premise during the period or I can stay in the place?

4. How can I understand what are society norms and what are applicable to all? If there is something which is applicable on me then wouldn�t it be applicable to all members? If visitors at my residence are to be limited then wouldn�t it apply to all?


Asked on 11/02/11, 7:19 am

1 Answer from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Instead of indulging in legal action, you should better try to sort out your problem amicably and leave the place, if you do not find it convenient.

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Answered on 11/02/11, 11:04 am


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