Legal Question in Landlord & Tenant Law in India

Hi there, i stay with my family in mumbai maharashtra....

We are a family of four people father mother me(daughter) & brother

My late grand parents bought a flat of 525sqft under the Pagadi system in 1940 and after they passed

away in 1970, we all still continue to stay in the same house. in 2005 old landlord has sold the building to a tenant and now that tenant is our new landlord. in 2009-10 our bldg was having just a structural repair but the new landlord played a game with us he asked his son to take other tenants in his side & become the NOC holders of the bldg for reconstruction purpose,but there was only authority from MHADA for structural repairs but then dey demolised d whle bldg in two parts by using MLC funds n board funds as well took 1,28,000 from us,we went on rent too fr bldg construction purpose at our own cost that is 2,00,000Rs for 12mnths,after our bldg was reconstructed we have come to know that our premises height has been reduced,landlord and other tenants who were the NOC holders have increased there premises height above plan which is illegal because they used mlc fund n board funds for there own benefits,we also spended 6,00,000Rs for our house intreior which is 525sqft,so in all our total expenses comes to 10,00,000Rs,after v have spend so much of money now lanlord has filed a suit against us for bonafied on 25th august 2011 ,landlord is having three residential houses one is in our bldg only which is 600sqft n other two is next to our bldg which is 400sqft each,n he also has a business.but while filing suit landlord lied that 10 people are staying in one house & he wants our house for his two grandsons one is of unsound mind who is 25yrs old n one is in 7th standard,landlord says that is grandson who is unsound mind will get married in 2 to 3yrs so he need our house for his study purpose n also for his married life,even my brother is of marriageable age evn he wil get married in 1yr he wil also have his family,we have only these house with us we have spend our everything on these house dat is 10,00,000Rs on dis house n we don't have that much money to buy an another house for us because evn i am studyin C.A

So my question is will my landlord wil suceed to take my house on the grounds of bonafied.we our staying in this house for 71yrs n we r regularly paying rent also n we ve all proofs with us .

so kindly reply me as early as possible.


Asked on 9/18/11, 8:02 am

1 Answer from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

from the facts stated by you and if you defend yourself on the same facts, in my opinion the landlord will not be able to succeed in showing bonafide requirement.

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Answered on 9/22/11, 5:34 am


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