Pagdi system

anuj (Querist) 26 February 2017 This query is : Resolved
my family has a house in mumbai. The house comes under pagdi system. The house is in the name of grandmother. My grandmother died on 20 sept 16.
The landlord lives in same locality of our house.

My grandmother had 3 children- my dad the eldest, my uncle the middle one & youngest my aunt.

The landlord of the house has sold the room for 18 lakhs without informing my dad. My uncle & aunt are on the side of landlord.They both got 4 lakhs each for signing the NOC of the property. Now the landlord is pressurizing us to take 2.5 lakhs to sign NOC. We are demanding 4 lakhs but he is not paying.

The room rent for the past 10 years has not been paid. In Previous month we sent 10 years room rent to lanlord by money order which he rejected.

Now the landlord says that even if we file the case in court can landlord win on grounds of 10 years room rent not paid.?
Secondly he has sold the entire room without our sign on NOC. Please advice can we win the case on this grounds.? If we go to court can we get the entire property transferred on my dads name.?

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Sri Vijayan.A (Expert) 26 February 2017
To answer this question, the terms of the lease are to be studied.

However, you have admitted that the rent for ten years is not paid by you. This is good ground for the land lord to vacate/ evict the tenant.
(What is the role of rent in pagadi?)

Tenant cant become landlord automatically.

Try for settlement amicably "out of court"

Guest (Expert) 26 February 2017
Only solution for this question is File fixation of standard rent suit in small cause court mumbai, deposit all amount which you sent via money order to land lord in court .

In fixation of small cause court you mention the area in possession of yours and also seek relief of changing tenancy in your name

Court may grant you following relief - Tenancy transfer on your name, Fixation of standard rent .

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Land lord is owner he can sell rooms to any one he desire you have no voice in that only thing you can claim in small cause court relief to protect your tenancy and you are not evacuated

Adv. Yogen Kakade (Expert) 27 February 2017
I agree with the experts

anuj (Querist) 27 February 2017
If i deposit the rent in court then too the landlord can file eviction suit to remove our tenancy, in such case what to do?

Guest (Expert) 27 February 2017
Contest eviction suit. To be Frank small cause court runs in Mumbai due to land Lord tenancy dispute only

anuj (Querist) 27 February 2017
Since i have already paid the rent by money order(which the landlord rejected) hence contesting the eviction suit & winning it wont be problem right?

Guest (Expert) 27 February 2017
See everyone has its own side of the case , that is why dispute takes place . One reason I noticed is that one person catch one section of act and othet catches other . Now looking at whole side of case how each side presents it's own side will eventually determine the verdict. There is no hard and fast rule . But generally if you are residing in suit tenement and paying or depositing rent in court you win but there are exception matter where land Lord present his case in different fashion their are successfull incident too

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