I am a tenant of a premises at kolkata since 1956. I have been paying rent to the present landlord and no issues with them regarding tenancy.Now there is dispute where a third party claims that the property was leased to the present landlord and this party claims to be the rightful owner and he is moving court for repossession. In case he is successful what happens to my tenancy?
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1.Nothing to worry as it is a dispute between two landlords which would not effect your tenancy as yet.
2. However it is advisable to appear in the suit filed by the third party agaisnt the present landlord.
3. If you inform the present status of the suit I can advise you on further court of action.
There is no suit as of yet, the third party is trying to convince other tenants that he is the future landlord and they should look for another rented place as they will be evicted soon. All this is being said verbally. My question is if indeed he becomes a future landlord does that effect out rights as tenants ?
If there is change of ownership then the new landlord is obliged to inform the existing tenants in written notice which is called 'Letter of attornment'.
Unless and until it is done you are not obliged to tender rent to him.
You have been tenant for last 60 years
You are protected tenant
In case any suit is filed by third party it would take years to be disposed of
You cannot be evicted except by following due process of law
Even if he becomes landlord he cannot force you to vacate the premises
He has to file suit for eviction and you can contest the said suit
If the party claiming property gets possession delivered then he would issue a eviction notice to you.
Then you can challenge his case by contesting the same on merits.
If he wins the case and takes possession, he cannot evict you forcibly.
He has to follow due process of law.
If he doesn't follows law then you may file an injunction suit before he initiates any legal action.
1. You shall continue to hold your tenancy right intact.
2. Once the title holder of the property is decided by the Court, you shall have to pay him your rent or can pay it to the rent controller as the case may be.
1. Lodge a collective police complaint now itself alleging that he is forcing you to vacate your tenanted premises.
2. This police complaint will be of good use if he really tries to forcibly evict you after proving that he is the actual title/lease holder of the property.