Can a tenant have room more than one in the same pagdi system building
Tripti Nagwekar
(Querist) 29 August 2012
This query is : Resolved
Dear Advisors, Tenant A bought one room B in the pagdi system building E in the year 1975 and second room C in the same pagdi system building E in the year 1977 and third room D in the same pagdi system building E in the year 1979 from the another tenant and the landlord transferred the receipts after taking below table money at that time. Thus tenant A got three rooms B, C, D in the pagdi system building E. In the year 2002, the landlord of the building E told tenant A to return room B or C or D room at free of cost i.e. at least 2 or 1 room out of 3 rooms since tenant A has 3 rooms and one or two rooms are sufficient to stay. Tenant A refused to return. The landlord filed the suit to claim two rooms at free of cost. Now please tell me whether landlord would get one or two rooms back or not?
Yogesh Anand
(Expert) 29 August 2012
Not at all. In pugree system the tenant is at liberty to sell the room further to any body and landhlord has no right to object. The landlord is only entitled to his share in the sale price as fixed in the pugdi agreement or as per the business practice of the area. For further clarification please call me at +919408715615
Tripti Nagwekar
(Querist) 30 August 2012
Mr. Yogesh Anand,
Thank you for your writing. Which area you are from? Further the tenant A is not selling any one or all the rooms of his possession that is three. The landlord is asking the tenant to return one or two room out of three rooms and further the landlord has filed the suit.
V R SHROFF
(Expert) 30 August 2012
s tenant was in need of more rooms in same building, he acquired it with consent and approval of Landlord.
Landlord can demand it back for his bonafide necessity. and can obtain eviction order.
If tenant have a suitable alternate accommodation, court may order to hand over possession/pass Eviction order. [ Or for other reasons of non payment of rent/ alteration, renovation etc]
ajay sethi
(Expert) 30 August 2012
agree with mr shroff
Tripti Nagwekar
(Querist) 30 August 2012
Dear Mr. Shroff,
What type of bonafide reason a landlord should have?
What if a tenant has no suitable accomodation at other places except two or three rooms in the same building?
What type of renovation or alteration and who has to undertake?
What if tenant is regularly paying rent for all 3 rooms?
What section of what act, the landlord gets the eviction order?
Please explain.
V R SHROFF
(Expert) 30 August 2012
Reply to ur Q need over 100 pages , as vast subject , that fill up Arguments & case laws in Small causes Court of Bandra and VT .
YOU PINPOINT ONLY YOUR PERSONAL PROBLEM WITH FACTS .
YOUR QUESTION IS ACADEMIC AND VERY GENERAL
IN NATURE, Though I appreciate it, , I m unable to reply for TIME constraints.
Tripti Nagwekar
(Querist) 31 August 2012
May I request to Mr. Ajay Sethi to answer my questions as he has answered all the questions with the reference of Sections of act and rules and judgement copies in the past.
Please do the needful.
