WE HAVE 2 ROOMS IN CHAWL AT MUMBAI FOR THE PAST 50 YEARS UNDER PAGADI SYSTEM GOVERENED BY THE MAHARASHTRA RENT CONTROL ACT,1999. WE HAVE BEEN STAYING IN BOTH THE ROOMS ALONGWITH MY FAMILY, IN 2011 WE HAD SUB LET 1 ROOM FOR 11 MONTHS ONLY FOR TEMPERORARY PURPOSE.
THE 1 ROOM WAS IN NAME OF MY GRANDFATHER WHO DIED IN 1999. IN 2010 MY FATHER PAID SOME TRANSFER AMOUNT TO THE LANDLORDS AND GOT THE ANOTHER ROOM TRANSFERRED IN HIS NAME. AFTER TRANSFER, MY FATHER MANAGED MONEY & TRIED TO PAY THE RENT BUT LANDLORDS REFUSED TO ACCEPT IT FOR WANT OF MORE MONEY, MY FATHER APPROCHED 3-4 TIMES AND REQUESTED HIM TO TAKE RENT BUT HE ALWAYS REFUSED AND DEMANDED EXTRA MONEY AGAIN N AGAIN.
FOR THE PAST 10 YEARS WE TENTANTS OF CHAWL HAVE BEEN COLLECTIVELY PAYING REPAIRS & MAINTAINANCE EXPENSES. THEY (LANDLORDS) JUST ONLY COLLECT MONEY AND NEGLECTING ALL SUCH EXPENSES.
NOW AFTER 3.5 YEARS, LANDLORDS HAVE SENT US NOTICE FOR EVICTION, STATING THAT WE HAVE SUB LET THE ANOTHER ROOM WITHOUT PRIOR PERMISSION AND HAVE WILFULLY DEAFAULTED IN RENT PAYMENT, THEREFORE ON THE BASISS OF SUBLET AND RENT ARREARS HE SENT NOTICE FOR EVICTION. BUT THE TRUTH IS THAT LANDLORD WILLFULLY REFUSED TO ACCEPT RENT IN ORDER TO HARRASS US AND AGAIN AS FAR AS SUB LETTING IS CONCERNED IT IS TOO BASELESS, SINCE ANOTHER ROOM WAS SUBLET ONLY FOR 11 MONTH WITH PRIOR ORAL PERMISSION OF LANDLORD. IN 2011, HE SUGGESTED TO MY FATHER TO SUBLET ANOTHER ROOM AND GIVE HIM SOME SHARE, BUT AFTER SUB LETTING, WHEN MY FATHER OFFERED HIM HIS SHARE OF 1 MONTH RENT ALONGWITH RENTS HE REFUSED AND DEMANDED MORE .
THEY HAVE SENT SUCH NOTICE TO SOME OF OTHER TENANTS TOO.
NO SUB TENANACY AGREEMENT WAS MADE AND LANDLORD HAVE NO PROOF THAT WE HAD SUB LET ANOTHER ROOM IN PAST WITHOUT HIS ORAL PERMISSION
WHAT SHOULD WE DO NOW, NEITHER LANDLORD HAVE PROOF THAT WE HAD SUB LET NOR DOES WE HAVE PROOF THAT HE HAD GIVEN US ORAL PERMISSION TO SUB LET. ONLY RENT IS IN ARREARS WHICH HE IS WILLFULLY NOT ACCEPTING.
HE (LANDLORD) IS TRYING TO USE LAW AS A TOOL OF HARRASSMENT.
HOW HE CAN PROVE THAT WE HAD SUB LET OR HOW WE CAN PROVE THAT HE HAD GIVEN US ORAL PERMISSION ?
WHAT ARE THE PROPERTY RIGHTS OF TENANTS WHO HAVE BEEN STAYING FOR SUCH LONGER PERIODS LIKE 50-60 YEARS, UNDER MAHARASHTRA RENT CONTROL ACT FOR PAGADI SYSTEM?
