Legal Question in Landlord & Tenant Law in India
I have filed suit against tenant for eviction under Maharashtra Rent Control Act.The grounds are, (a) not using the suit premises for residence and changing the user for Montessory.(b) Causing nuisance and annoyance.Change of user has been established through Court Commissioner Report. Tenant expired after 4 months of filing of Suit at the premises where she was residing with her son and his family. Legal Representative has claimed that the Tenant was residing in the Suit premises till her death. He has further claimed that his son (Grandson of tenant) was also residing with his mother(tenant) in the Suit Premises at the time of her death.In support, he has produced her Ration Card, Name in the Voters List, and Death Cert showing address of Suit Premises.The son of the L.R. although was present when Court Commissioner visited, has been infact for over 5years out of station away from family for his college education.Now he has taken up job at some other place.In previous suit which I lost, the Tenant had taken a stand that her son resides seperately from her along with his wife and children and is not concerned with rented premises.Similar stand was taken by the son. Now I have 2 possibilities (a) the tenant is evicted for Change of user as per pleadings in the Plaint (b) Since the tenant has expired after filing of suit,and as no one was residing in the premises, I must get possession of suit premises.Therefore I want to know (a) whether Grand son of the deceased tenant will succeed in this case in inheriting tenancy rights on fictitious evidence of Ration Card/Voters list/Death Cert,(b) how do I prove that neither Tenant nor the Granson was residing in the Suit Premises.
1 Answer from Attorneys
where did the tenant expired and where was his grandson at that time. contact personally if possible (Consulting chgs Rs 100/- only).
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