Legal Question in Landlord & Tenant 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, at present, the developer came to settlement as the following some of main clause:-

(a) In consent terms he has demanding to the Defendant No. 2 (myself) transfer fee of 45% of present market rate,

(b) 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).

Sir, some of points hereby informed that:

A developer of Asmit Mogra Co. op. Hsg. Society, the society has purchased the land through an owner My Francis Baptista during on or after Jun 1975.

Between the developer and Asmit Mogra Co. op Hsg. Society�s dispute they are not collected the rent from tenants. Afterwards consent of terms with society�s a developer has filed a suit at court.

Previously developer is a partner of Anupam Enterprises, and now he is a claiming as a proprietor of Anupam Enterprises. Earlier there are 03 partners now they are no more. (Only he is alive)

By an order dated 13 Oct 1977 the under secretary to the govt. of Maharashtra, General Administrative department granted exemption u/s 20 of urban land ceiling and Regulation Act, he has permitted to construction of 05 residential building for the weaker section .as per Rules of BMC. But he has constructed 07 Bldg. and sold to other than weaker section which is not permissible.

It is therefore, requested that

(a) I have paid all the rent till today as per judgment given by the court. Can he vacate me? There are more than 90 tenants in various chaws. Our entire entire sub tenants same problem.

(b) The BMC has given us a slum photo pass during the period Feb 2003 by paying the govt charges of Rs. 4000/- Developer is saying that his was cancelled the photo pass without refunding the Govt charges of Rs, 4000/= and without our knowledge.. Is it possible to cancel the govt. itself issued photopass or any legal authority to a civil person a Developer?

(c) I have obtained affidavit and irrecoverable power of authority from an earlier original first tenant. Now I am not aware of any clue of my original tenants. As per his Power of attorney notary I have obtained light bill, ration card of 1985, Member ship of receipt of Baptistawadi Rahivasi Vikas Mandal of the year 1994, photopass issued by Govt. Of Maharashtra and Election Card in my name and also in my Defence Service Documents while serving. Now I am a retired Sr. Citizen. Can I have these are sufficient documents? Even though The Ashmita Mogra Hsg. Society can vacate me from the room through a developer by a court suit ?

Inspite of having as above certified documents, I have not getting proper response from my advocate.

Sir your suggestion /guidance offer me to how I have solved the legal problem. Your guidance is most appreciated. Sorry for lengthy explanation.

Thanking you

Yours Faithfully

Neetuprakash


Asked on 4/25/11, 8:45 pm

1 Answer from Attorneys
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

dear mam,

let me see hw far i can help

1.u can not be evicted

2. as per sec 25 of maharashtra rent control act u have acquired the tenanacy rights plz kindly go through the act so u cant be treated as sub tenant further

3.as per sec 15 of the same act u can not be again evicted as u have paid the rent

4'withour ur application of cancellation of your photo pass no body else can apply for cancellation even the developer .

5.as the society was for weaker section the court will consider before passing any adverse order because it will defeat the purpose of allocating home

6u have all gud documents

7. if u r not satisfied with your lawyer u have always an option to change.

8.rest u need to relax as ur case is strong enough for any further query plz mail me or u can rather go through the rent control act by urself

Read more
Answered on 5/06/11, 3:34 am


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