Legal Question in Civil Rights Law in India

Respected, Sir/ma'am

I am a tenant of a shop in a complex since last 20 years, 1990 to be precise.

Before 1990, the shop was a 4 shutter large 'Stationary shop', which was commenced

in 1978 as a partnership with my elder brother. In the year 1990 - 91 the partnership

was dissolved and the shop was divided into 2 portions with the mutual decision

by the landlord, as a result after the partition the shops were divided equally into 2 shutters 2 shops, and the rent of the shop was raised and

were paid simultaneosly by my elder brother and me. Previously, that is before the

partition the rent was collected Rs. 1400/- while after the partition the rent was raised

and collected by both, my elder brother and me as Rs. 2500/- and Rs. 2000/- respectively.

The landlord posses 6 shops in the complex which are also rented, also it may be noted that

the landlord runs a shop in the same complex which is a 6 shutters shop since last 8 years.

Sir, The landlord has filed a Civilsuit against me for eviction of the shop on the basis of

U/S 16 of the Maharashtra Rent Control Act, 1999. He is claiming that he needs the shop

for the expansion of his business and desires to run a cloth shop under one roof

and one name, He has also, along with us, sent a legal notice to other tenants for eviction under the same act.

I not only run a respected cloth shop with my wife but has also gained a good name across the city

and customers not only from the city but from the other cites recognizes my name for

quality, It maybe noted that the landlord wants to commence a same business IF he

could win the eviction, henceforth a loss of my goodwill earned with my 20 years of hardwork and

sencerity. I would even like to tell you that i possess a shop, which is half a KM away from my

current shop, the shop is underground and is used as storage and no business is commenced

on it. The landlord has stated that he needs the shop for business expansion and has no place

to store the goods, which, by whatever means does not allow him to provide trade and bunk discount

to customers buying bulk. Although, the 2 storey complex, has a terrace which has a room on it, which proves as a all time solution to his storage problem and he stores all the goods at the same place. ( The first floor is been rented to a govt. company )

He claims that his needs are bonafide and reasonable, He claims that he has a turnover of 1.5 crores and needs to secure the future of his 'only' grandson which is 4 years old. while I am a Father of 2 sons who are pursing there graduation. I earn hand to mouth, the landlord wants to secure the future of his 4 years old even after he has a turn over of Rs. 1.5 crores while i may not even reach the 1/4th of his turnover, and i am striving hard to secure the future of my 2 sons. and retirement.

I shall be very grateful to you, if you could guide me through your knowledge and expierence

in this case.

I am also worried about 2 clauses mentioned by the landlord in the suit, i am writing the 'exact' words as mentioned in the suit,

' THAT, the present suit is filed for eviction on the grounds covered by Section 16 of the Maharashtra Rent Control Act, 1999, only, therefore no sparate, written notice is required to be served on the defendant, as a condition precendent to the present suit'

and the second concern would be

' THAT, the tenancy of the Defendant stands terminated and therefore now, the Defendant is wrongfully occupying the suit prmises and therefore is, bound to pay compensation for use

and occupation at market rate. The market rate as per governement valuation is more than Rs.20

per square feet.'

Sir, it would be very kind of you if you could offer any suggestions and advice that would

help me to win the case, More than the landlord i am at pressure to secure my retirement and my two sons future, i am a old person while the landlord (plantiff's son) is a 33 year old young person.

1 Answer from Attorneys

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