Possesion of room
Mohan Prasad
(Querist) 10 August 2012
This query is : Resolved
My father has bought two separate room i.e. Room No. 7 & 8 in 2000 from two different person on my mother's name & my uncle's name respectively. It is a tenanted property. Owner of the property is Municipal Corporation of Greater Mumbai (M.C.G.M.) and we are the tenant. Formalities of transfer of tenancy from those two persons to My Mother’s name and my uncle’s name was completed by the year 2002 & 2005 respectively, and the MCGM had started issuing rent receipt in the name of my mother and my uncle for room no. 7 & 8 respectively.
Now we don’t have record that my father has made the payment for the above said room. At the time of buying the said property my Uncle was staying with us as he was only 21 years age and not employed anywhere. But in the year 2002 he bought a separate room in a separate society on my aunt’s name and separated from us peacefully and orally surrendered the right of room no. 8 as the payment was made by my father and he never returned or raised the issue of title. And we never tried to transfer the tenancy right as everything was going in good faith. (This was the great mistake from our side.) Rent receipt issued by MCGM & Electric bill issued by BEST for Room No. 8 is still on my Uncle’s name. Payment of Rent is made by me in cash because MCGM doesn’t accept rent by cheque, and the rent receipt which they issue is on my Uncle’s name. Similarly electric bill too is on my uncle’s name but the payment is made by me. Till August 2007 I used to make payment of electric bill by cash but from September 2007 onwards I started making payment of electric bill through cheque. All the rent receipts and electric bills issued by the authorities so far are under my possession.
Ration card issued by Rationing authority for Room No. 8 includes name of My Father and my Grandfather along with my uncle. My father expired in the year 2005. Now in my family we are total three members including my Mother and younger sister and we are in the possession of both the room i.e. Room No. 7 & Room No. 8. Till June 2012 relationship between us and my uncle was very harmonious, but after that it becomes a bit tense. Now my Uncle is asking us to vacate the room which is on his name i.e. Room No. 8 and only use the other room i.e. Room No. 7. The area of each room is about 140 Sq. ft. and it is very difficult for us to accommodate ourselves in room no. 7 only. Thus we don’t want to loose the possession of Room No. 8. Sir my Uncle is now running a good business and earning about 200,000/- per month and having a 2 BHK flat and staying with his family and has made lot of property in last 10 years after separation from us.
Last moth my uncle called up me and threatens me to vacate the Room No. 8, and stared making payment of rent from July 2012 onwards and also warns the Rent collector of MCGM not to take rent from us henceforth. He also sent twice legal notice from his lawyer addressing to my Mother, through registered post but we refused to accept the letter. He is not ready to compromise with us and just want us to vacate the said room. Sir further I would like to state that we are occupying both room since last 12 years and wherever it is required to mention the residential address, we mention both room no. i.e. Room No. 7 & 8 (For Example Bank Pass Books, Mobile Bill, Record in College etc.). Further I would like to state that the other room i.e .Room No. 7 which is on my Mother’s name is undisputed.
Few days back we had approached to some lawyers who advised us to file a case in civil court for seeking stay order against any eviction without waiting for his (Uncle’s) further action, as the party which approached the court first has more chance to win the case. Some Lawyers says that in this case Bombay Rent Act applies and some says that Specific Relief Act 1963 is applicable. In this case owner of the property i.e. MCGM is not the party but we and my uncles is party. Sir though the room no. 8 was bought by my father, we are not interested in the tenancy right of Room No. 8 but we want that nobody should disturbed our possession.
In this case, is it possible that court will award co-possession status for us? Or will order us to vacate the room? Should we initiate legal proceedings against him first? Sir Pleas help us with your valuable suggestion.
ajay sethi
(Expert) 10 August 2012
you have contacted some local lawyers . it is necessary to go through papers of case to advise .
you should never refuse to accept legal notice . if you refuse to accept regd letter it is deemed service .
if your incle has issued legal notice you must reply to legal notice immediatedly .
since tenanncy is in name of your uncle he is the tenant . you dont have any proof of payment of money to uncle nor tenancy rights transferred in your name . you are mere occupant of said premises .
Mohan Prasad
(Querist) 12 August 2012
Sir thanks for your advice.
