Tenancy/occupancy
Ramanathan
(Querist) 23 September 2014
This query is : Resolved
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?.
malipeddi jaggarao
(Expert) 24 September 2014
Examination of all available documents is required to tender any advice.
Since the matter is important and time-bound, you are advised to contact local advocate with all the papers.
Rajendra K Goyal
(Expert) 24 September 2014
Consult local lawyer and show him all the documents.
Raj Kumar Makkad
(Expert) 24 September 2014
Definite opinion cannot be expressed without going through your documents.
M V Gupta
(Expert) 26 September 2014
Land lord and developer are disputing ur right as a tenant occupant. Better consult local advocate and proffer proper evidence to counter their contentions. Otherwise ur rights may be adversely affected.
T. Kalaiselvan, Advocate 
(Expert) 01 October 2014
There seems to be collusion between landlord and builder to defraud the occupants. Engage a prudent advocate and enforce your rights.
