Legal Question in Landlord & Tenant Law in India
I have a query with regards to our 1 BHK flat which was rented 22 years ago (i.e. in 1987) in the Central Surbubs of Mumbai with nothing in writing /agreement. We paid a deposit amount of Rs.50,000/- in 1987, when the building was not even constructed. We got the flat in the year 1989 and have been staying in the said flat since then. We are paying a rent of Rs.200+ taxes since 1987. Since three years, i.e. 2006, our landlord has not given us any receipts for the rent paid. In the month of April 2009, when we went to pay the rent, our landlord didnot accept the same saying that they wanted to increase the rent to Rs.1000/- We could not accept the sudden increase of the rent and that too amounting to Rs.1000/- They have neither given us the pending receipts nor are they accepting our rent (Rs.200/- + taxes). In September 09, We tried to send our rent through Money Order which they refused to accept. We are clueless as to what should be done in this case.
Moreover, all the internal repairs like changing of bathroom tiles due to leakage, wiring work are carried out by us. This was done because the landlord refused to carry out any internal maintenance work. Hence, we had to bear the expenses. We are also paying a maintenance charges of Rs.300/- every month for the external maintenance. This building is not a society as there are only 8 flats in it. Also, we do pay for all the external repairs like changing of motor (for water), any grill work, etc. carried out by the landlord. These are the extra charges apart from the Maintenance charges we pay every month. This is just like any flat owner does for his own flat.
a) I wanted to know if this flat falls under 'Pugdi System'. If yes, then how should our further proceedings be? (We have only rent receipts as evidence)
b) Can the landlord send us any Notice for evacuation of the premises?
c) Can we keep paying the rent through Money order even if the landlord refuses to accept it? Is there any other alternative?
It would be great if anybody could answer my queries as we are in a state of confusion as to what should be done.
2 Answers from Attorneys
You can send a legal notice detailing all facts and refusal of rent by money order. Then approach the Rent Control Court.
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