Legal Question in Landlord & Tenant Law in India

My father bought a room in a chawl in Thane near Mumbai in 1985 on PAGDI system. Since 4 years we are not staying there and the electric connection has been disconnected due to non payment of bills. Since 18 Months the landlord has stopped collecting rent from us and doesn't accept it even when we visit his house. Recently he came with men from court who spoke to our neighbors and took their signature to prove we don't stay there. The first court investigation happened on 17 June. I would like to know the legal procedure. In other words when would the next investigation happen how many visits happen in total and at what duration? After the first investigation we didn't find any court paper stuck on our door. Thank you. Need your expert advise.


Asked on 6/23/13, 4:38 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

23.06.2013

Dear Sir,

To me, it is a waste on financial resources to keep a room closed and vacant for such a long duration. What is the prime reason for keeping the room closed ? Do not necessarily presume that the Court has ordered the verification process to prove that you do not reside in the premises. It may be that the landlord is only gathering evidence, to protect his interest if the matter escalates further. Why is the prime reason behind the landlord refusing to collect the rent ?

How are you going to go about proving the tenancy if the issue is raised in the Court when you do not have the rent receipts ? What document do you have in support of your contention that you still own the tenancy rights of the premises ?

I feel the answers to all the above questions are vital and you should be prepared with you reply in writing, if a Court notice is issued to you prior to the next hearing date.

Regards,

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Answered on 6/23/13, 5:23 am


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