Legal Question in Landlord & Tenant Law in India

Hello Sir,

Am a tenant running a hotel in the Temple's land for more than 30 years,the part of the land has constructed building and other land has simple shield cover for car parking and to grow cattle.Due to heavy wind the roof of the open space got broken and we are about to repair it but the temple authority is not allowing the same and they have raised the rent by 100% .

We have constructed a small room in the open space (Without Door) for our employees,but they are saying "we cannot change the construction of the land".

Is there a way that i can approach the court asking for the ownership of the land as i have paid the rent for more than 30 years?

What is possibility so that i can construct the building on that land


Asked on 10/26/12, 10:45 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

28.10.2012

Dear Sir / Madam,

It is in your interest to amicably sort out the matter with the trustees of the temple and get your work done. By virtue of occupying the open space inside the temple premises for more than 30 years, you own the tenancy rights in the space you are using. But to carry out any amendment / modification, legally speaking, explicit permission of the trustees is required.

I suggest you bargain to reduce the rental stating that the trustees are unreasonable when expecting a direct increase in the rental of 100%. As I said, you own the tenancy right only and you are not the owner of the land, even though you have been paying rent for the last 30 years.

You cannot construct a building on the land without the permission of the trustees.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 10/28/12, 8:03 am


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