Two landlord in pagdi system
Vipesh
(Querist) 14 October 2014
This query is : Resolved
Respected Sir
We are having a Tenanted Residential House Pagdi System) in one of the building of South Mumbai in the name of my Father. The New Landlord wants to Re-develop the building. Initially he was not ready to make the Agreement with the Tenants for Redevelopment & so we (Tenants) did not give our Irrevocable Consent to him & so he filed a suit for Eviction against us in the Small Causes Court Mumbai.
Now we have reached a settlement wherein the Landlord is willing to Execute an Agreement with us & withdraw the case against us .
Now the Problem is – A new person has emerged claiming to be the Landlord of the building. He has filed a case against us in the small causes Court for Eviction. He has also filed a case against the New Landlord in the High Court of Mumbai for Title of the building.
Now in the case of the second Landlord we have filed a reply in the Small Causes Court that we are not willing to part possession of our premises to the first Landlord. Moreover the Second Landlord does not have any valid documents showing purchase of Property except a Gift Transfer Deed.
Now My Query is
1) In the above case can we give Irrevocable Consent to the First Landlord. The first Landlord is having all valid purchase documents towards purchase of Premises
2) The Second claiming Landlord just seems to Blackmail the First Landlord so that he can make money from him & then he can withdraw the Court Case
3) In the case can we be at any fault OR Contempt of Court, etc if we give Consent to the First Landlord.
4) The Court has passed Injunction order against us for the First Landlord. But now we have settled the matter with our First Landlord & we want to give consent to the First Landlord so does that Injunction Order cause any problem to us.
5) In the case of Second Landlord the Court has not passed an Injunction Order against us, so can we give consent to the First Landlord
6) While giving consent what documents will be required by us from the First Landlord so that we do not face problem in the Court from Second Landlord.
Thanking you in Advance
ajay sethi
(Expert) 14 October 2014
you can give your consent to first landlord who has all documents of title to the property . you can engage a lawyer and fight case on merits against 2nd landlord. you wont be in contempt if you settle case with first landlord . no reliefs have been granted by court to 2nd landlord
Hemant Agarwal
(Expert) 15 October 2014
1. WAIT for everything, till the Courts records its orders, on the titleship of the Property. It may be a ploy by both the claimant landlords, to harass the tenants.
2. Giving consent or whatever to the 1st landlord will not achieve anything till the court records its orders.
Keep Smiling .... Hemant Agarwal
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T. Kalaiselvan, Advocate
(Expert) 18 October 2014
The title to the property is under dispute and pending in the court, so wait for the court's verdict on the title to the property and then decide further course of action as proposed.
