Chandigarh: Rent controller orders eviction of tenant from Sector 22 booth : The Tribune India

Tribune press service

Ramkrishan Upadhyay

Chandigarh, March 25

Tenancy rights will only automatically disappear if a tenant purchases the entire share of the leased premises. For the right to the lease to disappear, the tenant must buy the whole of the property, then be made the owner after the signing of the deed of sale in his favour.

While judging this, TPS rent checker Randhawa issued an order to evict a tenant from a booth in which he only bought a certain percentage of the share. The Rent Controller has issued an important judgment on the rent application filed by a resident of Sector 20, Chandigarh, through Solicitor Anuj Raura.

Raura argued in court that the claimant purchased 71.44% of the shares of the stand located in Sector 22, Chandigarh. He needed the stand for his personal use for the opening of a large store. He also alleged that the tenant also stopped paying rent.

The tenant challenged the rent request and claimed to be the co-owner of the stand. He said he was inducted as the stand’s tenant somewhere in 1960. The owner died in 1981, leaving behind his eight legal heirs. He bought 28.56 percent of the shares from two heirs. Thus, he became a co-owner of 28.56% of the stand’s shares.

Raura argued that the Respondent (Tenant) never waived his tenancy rights and that the mere purchase of a share of the subject property did not extinguish his tenancy rights from the Respondent. The law is well established that if a tenant purchases a 100 percent share of the property, only then the tenancy rights have been terminated and he has been deemed to have become the owner of the property. If a tenant purchased only a fraction of the property, his tenancy rights were not determined. The tenant should not be put in possession until after the signing of the deed of sale. In this case, no possession was given to the tenant after the execution of the deed of sale in his favor.

The rent controller said: “The rental rights are only terminated if the tenant buys 100% of the shares. In this case, the lessee never came into possession after the signing of the deed of sale as owner, but he remained in possession as the lessee he was before the signing of the deed of sale dated July 31, 2017”.

“Even in his cross-examination, the respondent admitted that he was a tenant under the original landlord and then after his death under his legal heirs. He was a tenant when the deed of sale dated July 31, 2017 was passed in his favor. His lease with the owners from whom he bought 28.56% of the shares was never terminated. His tenancy with other co-owners has also not been canceled or terminated. Therefore, in view of the above discussion, it is proven that there is a landlord-tenant relationship between the parties. The respondent having denied the relationship between the landlord and the tenant, which is proven in the file, the respondent is liable to be expelled immediately from the rented premises for non-payment of rent arrears since December 2013 and for the petitioner’s personal use,” the rent controller said.

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