Struggling Landlord
20 January 2015 at 07:34
Sir.
When can we say FIXED by the court ? if appeal pending … (its Sub-judice) and at HC level - compromised on HC direction …but HC didn’t endorsed/FIXED..So can we say FIXED by court?
As per MhRent Control 1999…
Sec 7(14) "standard rent', in relation to any premises means,-
(a) where the standard rent is fixed by the Court, the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949 such rent plus an increase of 5 per cent, in the rent so fixed; or
(b) where the standard rent or fair rent is not so fixed, then subject to the provisions of sections 6 and 8,
(i) the rent at which the premises were let on the 1st day of October 1987; or
(ii) where the premises were not let on the 1st day of October 1987, the rent at which they were last let before that day, plus an increase of 5 per cent, in the rent of the premises let before the 1st day of October, 1987, or
(c) in any of the case specified in section 8, the rent fixed by the court;
In my case I have filed FR case in 1986 (on 6 tenants)… Demanded Rs 4/- per sq ft per month which was ordered in my favour in 1998 (12 yrs) from date of file (1986)…
Then challenged in appeallate.. again ordered in my favour (after 3 yrs ie 2001)
thereafter WP filed by tenants … at this stage HC warns/suggested to compromise…
So can we say Rs4/- per sq ft per month is decided by the court ? or is still pending…
(since whenever after 1998 I filed case for recovery of rent @Rs 4/- all Judge stayed my application saying matter pending in appeallate)
Now since it is compromised then can I say it is decided by the court ?
Your advice is very much valuable …. If you say decided then as per Sec 7 … It will be great injustice to me since I will get very meager rent in 2015… it will be 4/-+5% (in 1999 when act came in force) + 4% every year which comes to 9/- rs approx… (whereas in vicinity in same building I have given on Leave & License in 2007,08….09 @ Rs 90-120 per sq ft per month)
I have approached 3-4 local (senior advocates) in my region… (But from their knowledge ..after asking my thorough in depth querry…(with citations…it seems they are confused didn’t convinced me)…. Then I finally relied on SC 2011 Judgment (Guidelines by SC for deciding FR…to minimize landlord-tenants litigations at all levels)
then 2 (HC Adv) says this citation is derived from different act.. (Hariyana so it is not applicable) where as 2 (HC Adv ) says its derived from Eviction case hence it is not applicable…..
Excerpts from SC Judg (Guide Lines for settling FR case says)
“21. According to our considered view majority of these cases are filed because landlords do not get reasonable rent akin to market rent, then on one ground or the other litigation is initiated. So before saying omega, we deem it our duty and obligation to fix some guidelines and norms for such type of litigation, so as to minimise landlord-tenant litigation at all levels.
These are as follows:-
(i) The tenant must enhance the rent according to the terms of the agreement or at least by ten percent, after every three years and enhanced rent should then be made payable to the landlord. If the rent is too low (in comparison to market rent), having been fixed almost 20 to 25 years back then the present market rate should be worked out either on the basis of valuation report or reliable estimates of building rentals in the surrounding areas, let out on rent recently.
…………………….” Attached Judgment
Now finally my querry is pending before very senior SC retired lawyer…(He asked me to wait) but before that I am sharing on this wonderfull site.
Thanks in advance
manoj
20 January 2015 at 00:53
Sir,
we hv a property in mumbai in prime location which gone in redevelopment under SRA scheme , were builder has take over and Mhada city surver officer has conducted the survey , Howvever we have 3 room house which divided into 2 portion one part in the name of grand mother and in his one son , however the elder son live in that room .now mhada city survey office has inclded his name not willing to the name of other who is the owner of the room saying u r not staying in this room, Builder and Mhada has propose to 2 x 2 bed room for the people having 3 room prperty , how can we get added his name in mhada list if the officer is not willing to add.kindly advise us what do in this case.
Sagar Sharma
19 January 2015 at 23:53
Person 'A' filed a case against his son family for property which she gave his son by way of gpa and r deed (property is ancestral and original brought by grandfather of person A son). Property registered in name of son by way of sale deed and son died.
now I want to know if person A die before end of suit and in mean time she make a will of share which not passed over by court as suit not decided yet.
Such will is valid in eye of law?
ChandanLawyersclub
19 January 2015 at 22:28
I am selling a property for which I had taken 30L loan, my 12 L white money to builder as cash 9 yrs back, now I am selling that house. registration value property is 90L, market value 105L. I want to take all money in as DD/ cheque only, no cash.
Can my seller register register property as 90L and transfer me 105L by deduction 1% TDS.
regards
Chandra
Shaila
19 January 2015 at 21:56
I would like to know the details for a person to be a member of a cooperative housing society when his or her mother has made a will. What will the society ask from the person to submit in the society?
nidhiramsardar
19 January 2015 at 21:44
Dear Sir,
We are a family of five. My parents, wife, minor daughter and myself. Currently we(my parents & me) are having some problems with my wife. For some "unknown reason" my wife is not keeping any relation with three of us for a long period(almost 4 years), though she stays in the same apartment we are staying. Neither she speaks to any of us nor behave properly. We tried many times to resolve the case by involving her parents and other senior members of her family, without any result.
My father has bought two properties (including the apartment we are currently staying in) in my name. Now he is so much disgusted with the behavior of my wife that he has decided to arrange such a thing so that my wife can't claim on any of them in case she files a divorce suit (and claim on properties in my name) or in absence(death) of me.
Kindly suggest a way with least possible expenditure, so that my wife can't claim on the properties my father bought in my name.
Regards,
rbhartiya
19 January 2015 at 20:21
I have regd deed in my name for a property at Kolkata. Mutation at KMC is pending. Will there be problem if I want to sell it without getting the mutation done. Pls advise.
Thanks & Regards
R Bhartiya
Sandip Samanta
19 January 2015 at 20:20
Dear Sir,
My question is:
In absence(death) of her husband, whether daughter-in-law can claim on her father-in-law's "self-acquired" property or not?
Daughter-in-law is a mother of a minor daughter.
Regards,
Sandip Samanta
19 January 2015 at 20:16
My question is:
In absence(death) of her husband, whether daughter-in-law can claim on her father-in-law's "self-acquired" property or not?
Daughter-in-law is a mother of a minor daughter.
Regards,
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When can we say a citation is applicable /not applicable ?
Sir,
I have an SC Judgment (attahced PDF 4422/2011) Guidelines for minimizing LL-Tenant Fair Rent Case.. I wanted to file this in lower court (Small Cause) in my Fair Rent case… (MhRent 1999 Act) but some senior advocates says :
1. Its not applicable since its derived from Hariyana Act …
2. Some says its derived from Eviction Case
3. Some says MhRent ACT has clear section for Fair Rent/Standard Rent so this Judgment is of no use …
Excerpts from SC Judg (Guide Lines for settling FR case says)
“21. According to our considered view majority of these cases are filed because landlords do not get reasonable rent akin to market rent, then on one ground or the other litigation is initiated. So before saying omega, we deem it our duty and obligation to fix some guidelines and norms for such type of litigation, so as to minimise landlord-tenant litigation at all levels ….. follows guidelines.. (attached pdf)
I am not lawyer but as per my belief law is for majority and based on common sense..and SC judgment is for all over India.. for (LL-Tenant----FRent litigations)
In majority of fair rent cases they were decided in favour of LL (since they litigate for more than 10 yrs) and the rent demanded by LL becomes meager while coming before HC/SC
So I think these guidelines are for lower court to decide at their level.. (then why this citation is not applicable in my fair rent case)
I am sharing on this site for your thought and advice…. Thanks in advance