Legal Question in Landlord & Tenant Law in India
Suit property is 11.50 gunthas of land out of 46 gunthas in S. No 1277 in which B are landlord of the land whereas A is permanant tenant of that 11.50 gunthas
A, permanent tenant living with his wife in house no. 2020 located in other land S. no. 885. A is literate person worked out under an wellknown advocate.
In 1998, A made an agreement with B for renewal of his house no 2020 against of which A agreed to release his title of permanent tenant and give possession to landlord B.
As on agreement, B constructed A�s house no. 2020 but A denied to release his title and possession and ask for more money. this was breach of contract but B completed his consideration so took possession of suit land.
in 2007, C purchased the title and possession of A by sale deed. but eventhough A is literate person only thumb impression is taken on sale deed. A was old, deaf and no sound of mind at that time. after 6 months A died.
in 2014 C came to take possession of the land but B denied. Now B want to keep this land owned by him. How it is possible? any remedy?
1 Answer from Attorneys
22.03.2014
Dear Sir / Madam,
A only enjoys tenancy rights of the 11.50 gunthas in Survey No. 1277 and House No. 2020 in Survey No. 885, assuming both to be different properties. Now A can only transfer the tenancy rights of tenanted House No. 2020 to a third person with the prior written approval and consent of the landlord of House No. 2020; or A can reconstruct House No. 2020 only with the prior written approval and consent of the landlord of House No. 2020. On the one hand, you say A has denied release of possession of 11.50 gunthas to landlord B whilst on the other hand, you say B repossessed the 11.50 gunthas occupied by A which is self-contradictory. C does not acquire a "better title" than what A had. Unless A actually enjoyed the right to sell the "tenancy rights" to C with the approval and consent of B, B is legally right and justified in retaining the land owned by B, on A's demise.
Regards,
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