Legal Question in Real Estate Law in India
1. Mr. A is an old owner of the property.
2. Mr. C is a tanent of Mr. A's Property.
3. Mr. A had sold his Property to Mr B in 2005.
4. Mr. B ( New Owner ) had fied case for eviction of tenant Mr. C. for non payment of rent for more
than 3 years.
5. Mr. C ( The Tenant ) had filed a case against Mr. B ( New Owner ) for fixing Standard Rent.
6. Mr A ( The Old Owner ) had expressed to become a Respondent No. 2 in the case file by the
tenant to claim the effect of standard rent from back date ?
7. THERE IS NO WRITTEN AGREEMENT OF TENANCY SINCE BEGINING
My Questions are as under.
A Whether Mr A ( the Old Owner )can join as resondent No. 2 in the case of standard rent filed
by Mr. C ( The Tenant ) ?
B Whether Mr A ( the Old Owner ) can file a separate case against Mr. C ( The Tenant ) for
fixing standard rent from back date and claim the difference of arrears form Mr. C
2 Answers from Attorneys
yes, the arrears of rent can be recovered by Mr. A and even though there is no written agreement, the tenant by his conduct has consented to tenancy.
No, A has no locus to either join the proceedings or to institute fresh suit against C.
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