Tenancy/occupancy
Ramanathan
(Querist) 18 September 2014
This query is : Resolved
We are an occupant of the premises since 25 years. Landlord taking money but not issuing the Rent receipt. My question is we are tenancy/occupancy rigts for redevelopment?
Devajyoti Barman
(Expert) 18 September 2014
Yes you have but from now onwards pay rent through cheque.
Raj Kumar Makkad
(Expert) 18 September 2014
You shall have to procure evidence to that regard like photographs of the premises, postal receipts, municipal record etc.
Dr J C Vashista
(Expert) 19 September 2014
Obtain receipt for rent paid or pay by money order, cheque, bank draft or any such mode but avoid payment in cash. Create evidences for proceeding.
ajay sethi
(Expert) 19 September 2014
agree with experts
Rajendra K Goyal
(Expert) 19 September 2014
You are tenant without proofs, create proofs to get capacity of tenant also.
Ramanathan
(Querist) 23 September 2014
Dear Experts,
1. Thanks for your replies. Our Building going for redevelopment under 33(7). Mhada Inspected our premises, we have submitted govt and semi govt docs prior to 1996 and current docs to prove our occupancy (except Rent Receipt) to Mhada and they certified our Eligibility and sent us Certified Tenants/Occupants List and in the occupant column our name is there but the Tenants column they kept blank and remarks column they mention Landlord never issued Rent receipt of this premises. Developer also certified the Tenant/Occupant list, Landlord is also staying in same building and received Tenants/Occupants List and raised no objection to MHADA accepting our eligibility and our name in occupant column.
2. Developer is non-cooperate with us he did not show/explain the proposed bldg plan and obtained consent of majority tenants and avoided to meet us. avoided to so we did not given our consent to them all other tenants have given the consent.
3. Now two months after MHADA sent certified tenants/Occupants list to all tenants and landlord and time for objections if any is 30 days, developer & landlord are now claiming to MHADA that we forcefully trespassed into the premises in 2000 and are unauthorised occupants though landlord has never till date stated this nor sent us any notice or complaint to police, BMC etc
4. We have refuted all allegations and provided all documentary proof to MHADA and also some cheque paymens prior to 1996 made to landlord.
5. In view of the above, what is our position regarding tenancy as MHADA and developer himself already accepted our eligibility as occupants based on inspections and documents submitted by us in certified tenant/occupant list ?
I would appreciate your reply in this matter Know what steps we should be taken in this matter?.
T. Kalaiselvan, Advocate
(Expert) 27 September 2014
On the basis of information furnished by you, it is confirmed that you are in the st of tenants/occupants, therefore you may be confirmed of your tenancy rights, challenge the same properly as you are ding it now.
