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Siddhi Agarwal (Owner)     14 April 2010

Willy Land Lords

I am a tenant of a Charitable Trust and the buildings are in highly dalipiladated condition. I had complained to BMC about the matter and the land lords (Trust) filed a eviction suit against me out of rage. The trust owned by crroked trustees sold the building to new land lords and they are also harrasing tenants and asking them to leave / surrender their premises. They have even obtained a ceritificate from BMC that the buildings are non repairable whereas our structural engineer have certified that the buildings can be repaired. The case filed by trust was dismissed but the new land lords have got it reinstated by bribing the judge.

For safety of my family in the evant building collapse, I had to arrange for alternate accomodation and the tenancy premises is now used for my professional activities.

My query is:

Will the new land lord succeed in eviction matter as I am forced to make alternate arrangements for safety for safety of my family members?

Is a tenant liable for eviction if he has alternate accomodation?

How we can force land lord to undertake repairs?

How to deal with thugs in BMC as they are in pocket of new land lords and not giving permission to tenants to repair the building at own cost under supervision of qualified structural engineer?



Learning

 5 Replies

Gundlapallis (Advocate)     14 April 2010

First of all check  from the trust deed whether the Trust has powers to sell its properties.  You can get that from registrar's office.   

Suryanarayana Tangirala (Advocate)     14 April 2010

Yes u need to file a case for that under rent control Act a tenant cannot undertake repairs on his own and has to take permission of court, He cannot spend on repairs at his will at the best he can undertake repairs worth two months rent.U say on one hand that the buliding is in dilapidated condition and u lodged a complain to that effect, u took a u turn in eviction case of coz i did read ur query u says its repairable,it doesnt mean that till the repairs are done it wont collapse isnt it? U have done another mistake by shifting u r residence and converting the purpose of letting from residencial to commercial use without permission of land lord on that ground and also on the ground of securing alternative accomodation u can be  evicted.things swing in favour of u r landlord.

bhagwat patil (Property due diligence 9422773303)     28 April 2010

trust is required to the permission to sale the property from charity cimmissioner.why dontu check weather they have taken or not as adv. G. take the help of RTI.

Suryanarayana Tangirala (Advocate)     28 April 2010

Repeated query

Siddhi Agarwal (Owner)     02 May 2010

Adv.Gundlapallis,

Thanks for response. We shall check on it but the very fact Charity Commissioner has permitted the sale of trust buildings indicate it was as per trusr deed.

Assuming there is foul play by Charity Commissioner can we un do the permission granted to trust for selling the buildings.

Due to corruption BMC has not given the required permission for repairs and our contempt petition is pending before high court since Nov. 09. How can we expidite the matter.

Siddhi.


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