Legal Question in Landlord & Tenant Law in India
Mr. A is a tenant, who was living in a flat, allotted by MHADA and is staying since 1961. Though he possessed two flats, A-1 & A-2, adjacent to each other in the building, he used to receive a single rent receipt. In 1996, since the building was in dilapidated condition, the MHADA gave a proposal about redeveloping the building. Then, each flat owner of the previous building got permanent alternate accommodation in the redeveloped building. However, Mr. A got only one flat, instead of two, by the MHADA on the basis of single rent receipt. Now, Mr. A contends that MHADA should honour their earlier contract with him and allot him two flats in the redeveloped building
So the question is whether Mr. A is entitled to receive two flats from MHADA in the redeveloped building even when he received only one rent receipt? What is the position of MHAD Act ,1976 and Maharashtra Ownership of Flat Act ,1963 on the given issue?
1 Answer from Attorneys
as per Sec 18 Maharashtra Ownership of Flat Act ,1963 does not apply to MHAD Act ,1976
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