LCI Learning
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Pagadi

(Querist) 19 April 2014 This query is : Resolved 
Hi Experts. I have a query regarding pagadi system. Before I start with the questions, a background of the scenario;
I have a pagadi system room in Vasai since 30 years. The room is in building worth 2 floors. Before a year, in one of the rooms, slab along with irons rods had fallen down and a child got injured. We all along with landlord got a notice to evacuate the building from Nagarpalika. After 1 month landlord gave us notice to avacuate the building. Questions;
1] When we evacuate the building and stay at some rented house, who will bear the expenses of rent till the building is reconstructed?
2] During reconstruction do we need to pay money for reconstruction ??? If yes how much ?
3] Landlord is offering rs 1 lakh per room and telling us to evacuate the building permanently.
4] Landlord is saying that the reconstruction may take 10-20 years ?? Is it corret/legal ??
5] Let say the building is reconstructed, when we go back in our rooms, do we pay the same rent as previous or there may be rise on rent ?
6] In pagadi system, what is the maximum % of rent that a landlord can increase?

Expecting replies from experts.
ajay sethi (Expert) 20 April 2014
the contention of landlord that reconstruction may take 10 to 20 years is absolutely false . it can take maximum 5 years to reconstruct the building .

if building is in dangerous condition and corporation has given demolition notice better vacate the building. in the event you refuse to vacate corporation can by force evict you from building . .

offer of landlord to pay Rs 1 lakh is too low . he should offer all tenants atleast 60%of market price if he wants tenant to vacate building permanently .
Lalit (Querist) 20 April 2014
Thanks Ajay. It would be also helpful if provide your valuable suggestion for question no 2 "2] During reconstruction do we need to pay money for reconstruction ??? If yes how much ?"
Also during reconstruction when we stay outside, do landlord give us the rent ??? if yes how much?? lets say during reconstruction we are staying in rented room and the rent is 4000, do landlord pay us whole 4000 a month ??
If building is reconstructed in 3 years, do landlord pay us rent for whole 3 years??

Waiting for your kind reply.
ajay sethi (Expert) 20 April 2014
.If the landlord requires the premises for demolition and reconstruction, it is the landlord who has to bear the cost of construction and has to provide the new premises free of cost.

Now if the tenant wants ultra modern facilities, it is the tenant who has to bear the expenses. Otherwise the tenant is not liable to pay the cost of construction whether it is being developed by the landlord or builder.

during reconstruction landlord is not bound to pay you rentals The Maharashtra rent Control Act does not have any provision which imposes any obligation upon the landlord to provide a temporary alternate accommodation.
T. Kalaiselvan, Advocate (Expert) 21 April 2014
I agree with the expert opinion of Mr. Ajay Sethi.
Lalit (Querist) 24 April 2014
Thanks Ajay. It clears all my doubts. I am very thankful to you.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :