Tenant & Deemed Tenant

Tenant means any person by whom or on whose account rent is payable for any premises and includes, such person, who is a tenant, or who is a deemed tenant, or who is a sub-tenant as permitted under a contract or by the permission or consent of the landlord, or who has derived title under a tenant, or to whom interest in premises has been assigned or transferred as permitted, by virtue of, or under the provision of the statutes.

Section 7 (15) of the Maharashtra rent Control Act, 1999 defines Tenant.
“Tenant” means any person by whom or on whose account rent is payable for any premises and
includes,-
(a) such person,- (i) who is a tenant, or (ii) who is a deemed tenant, or (iii) who is a sub-tenant as permitted under a contract or by the permission or consent of the landlord, or (iv) who has derived title under a tenant, or (v) to whom interest in premises has been assigned or transferred as permitted, by virtue of, or under the provisions of, any of the repealed Acts;
(b) a person who is deemed to be a tenant under section 25;
(c) a person to whom interest in premises has been assigned or transferred as permitted under section 26;
(d) in relation to any premises, when the tenant dies, whether the death occurred before or after the commencement of this Act, any member of the tenant’s family, who,- (i) where they are let for residence, is residing, or (ii) where they are let for education, business, trade or storage, is using the premises for any such purpose, with the tenant at the time of his death, or, in the absence of such member, any heir of the deceased tenant, as may be decided, in the absence of agreement, by the court.

The Definition covers a person who is deemed to be a tenant under section 25 of the new Act, or a person to whom interest in premises has been assigned or transferred as permitted under section 26, or in relation to any premises, when the tenant dies, whether the death occurred before or after the commencement of the Act, any member of the tenant’s family, who-
(i) where they are let for residence, is residing, or
(ii) where they are let for education, business, trade or storage, is using the premises for any such purpose.

Deemed tenancy means tenancy which is implied. It is also known as tenancy by holding over. According to the statutes, these circumstances would lead to tenancy by holding over: The person of a property remains in possession after the determination of the rent granted by the Landlord. The landlord or his legal representative either accepts rent from the tenant or under- tenent, or otherwise assents to his continuing in possession. As per the provision ,  when  the interest of the tenant is determined for any reason, any sub tenant to whom the premises have been lawfully sub­let and such sub­tenancy is subsisting  or where the sub­tenancy is permitted by contract between the landlord and tenant, such sub tenant shall, subject to the provisions of this Act, be deemed to become the tenant of  his  landlord.  Question as to whether a person is a member of the family of the tenant has tobe decided on the facts and circumstances of the case. Apart from parents, spouses, brothers, sister, sons and daughters, if any other relative claims to be a member of the tenant’s family, evidence is necessary for proving that such other relative always resided with the tenant ass a member of one family over a period of time. Mere fact that a relative has chosen to reside with the tenant for the sake of convenience would not make him a member of tenant’s family.

That in the case of Kailashbhai Tiwari Vs. Jostna Laxmidas Pujara & others it was held, That initially the tenant resided in the suit premises only with her husband. The defendant No. 2 joined them in the year 1950 and he had his own business. Thereafter in the year 1981, the tenant shifted to another premises and the premises were continued to be occupied by the defendant no. 2. The question as to whether a person is a member of the family of the tenant must be decided on the facts and circumstances of the case. Apart from the parents, spouse, brothers, sisters, sons and daughters, if any, other relative claims tobe a member of the tenant’s family, some more evidence is necessary to prove that they have always resided together as a member of one family over a period of time. The mere fact that a relative has chosen to reside with the tenant for the sake of convenience will not make him a member of the family of the tenant in the context of rent control legislations. In the facts and circumstances of the case it could not be said that the sub-tenant was a member of the family of the tenant.

 

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