Legal Question in Real Estate Law in India
Protected Tenant
A plot was leased to me for running a petrol pump in the prime location which was expired after 30 yrs in 1996 however the landlord accepted the rentals till july 1998 after which he has stopped accepting the same and want to sell of the plot to me which i had agreed to in past however I m trying hard to extend the lease further since buying the said plot is beyond my capacity so how far m I protected as ''protected tenant''in Gujarat and in case the landlaord files the suit for eviction what grounds are available to me for defending it and till how long can I drag and continue to b in possession?
3 Answers from Attorneys
Re: Protected Tenant
The following grounds are available:-
1)The lease is invalid
2)No notice has been given to you
3)It was meant to be a permanent lease
4)You have been paying the rent regularly
Re: Protected Tenant
Acceptance of rent by your landlord after the expiry of the period of leasemeans that your landlord has acquanced you as a tenant on month to month bases in the demised premises. Hence your tenancy continues.
You tenant may file suit for eviction on the basis of lease stiuplation, but you can well challenge it on the ground that lease was over on a particular date, and thereafter the landlord has accepted you as a month to month tenant. You are well protected by RENT ACT under this circumstances
Re: Protected Tenant
In a litigation you can take several grounds. You have not specified whether the land leased to you is vacant at present or a petrol pump is running there. If the land is vacant grounds will be less. If on that land petrol pump business is going on till date, you have more grounds. Some of the grounds have be illustrated by Mr.Bhagwat in his reply.
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