Legal Question in Civil Rights Law in India

Dear Sir,

I am residing at Betha Chawl situated at Andheri, Mumbai with the proper documents with effect from 1988.

One of Developer has filed a suit at the Court of Small Causes at Bandra, Mumbai during 24 Nov 2006 regarding vacate the room as I am a second party (Defendant No. 2) and claiming rent arrears with effect from June 1975.

I have permitted the deposit rent through court with arrears with compound interest thereon by a order of without prejudice to the rights and contentions of all the parties, the defendants are permitted to deposit arrears of rent from 1.6.1975 till September 2008 at the usual rent with interest thereon @ 15% p.a. plus water charges and cost of the suit, the defendants are also permitted to deposit future rent before 10th of each succeeding month till final disposal of the present suit. And the suit is in presently come to hearing stage. Sir either Asmita Mogra Co. op. Society or a Developer not made any repairs of tenants or not given any basic amenities of towards localities since last year of taking possession of land year of 1975.

Sir, Finally the developer came to the settlement

He is offering carpet area one room Kitchen flat admeasuring 253 Sq. ft. Carpet area. He has not offering any transist camp instead of Rs.40,000/= for total sum for 18 months for temporary transist accommodation(this amount is not sufficient to get a transist accommodation at Andheri Mumbai. Sir, My son is studying in school at Andheri nearby my locality).

In view of the above I have to know following queries.

� There are dispute developer(C.A) and landlord i.e HSG society. CA can be authorized to file a suit case against tenants.

� In the court developer(C.A) has produced 16 (1) (I)(Maharashtra Rent Control Act 1999 form and asked me accept his offer. Is it applicable to tenants if unwilling. ( Now where govt order 320 carpet area).

� Last 40 years we are staying on Betha Chawl will this clause applicable for slum also.

� CA all partner are expired secondly he his partnership firm has dissolved on 1994 and their after he has made firm proprietor ownership without knowledge of owner (Owner has not approval given for power of attorney till today. Even CA has cheated court by filling suit in court on year 2001 onwards is it legally applicable..?

regards

Neetuprakash


Asked on 4/01/14, 7:28 pm

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

02.04.2014

Dear Neetuprakash,

Betha Chawl in Andheri, Mumbai falls under the Slum Rehabilitation Authority (SRA) and all the provisions of SRA redevelopment schemes will apply.

Regards,

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Answered on 4/01/14, 11:05 pm


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