eviction suit in small cause court in Mumbai
Rohit Mahajan
(Querist) 01 April 2014
This query is : Resolved
Room no 1, is a flat of cess building in Mumbai which comes under category. Group "A".
Landloard expired in 1970, leaving behind her wife Mrs "M" and two small children's who was under 18 years. Mrs"M" was previously tenant of same said room no 1, after death of her husband she was administrator of same building.
In 1996 she given same room no 1 on leave and lisence to lisencee Mr "Y" for residence.
After expiry period of same leave and lisence agreement, same agreement was not renewed. And Mrs "M" given tenancy rights to same lisencee Mr "Y" in written on stamp paper.,
Mr "Y" was paying regular rent to Mrs M" in cash.
Mrs "M" not given any rent receipt to Mr "Y".
Mrs "M" sent her son and son in law to vacate same room from Mr "Y" in Oct 2007. That time Mr "Y" did n.c in police station that he is staying with his family in same flat as a tenant and submitted application to commissioner of police, A.C.P of police and police station.
In 2010 mahada did repairing in same building, for the same Mr "Y" paid Rs.12000/- in society chawal committe for repairing fund.
Later in 2011 Mrs "M" used her administrator power and transfered same building into 3 part (1st) her self (2nd) first son (3rd) second son, then they all sold that building to new developer Mr "D" in same year 2011.
Now Mr "D" is new Landlord.
In Feb 2013 mahada inspection was done and found Mr "Y" as a occupant.
In June 2013 mahada declared Mr "Y" as a occupant and eligible to get permanent alternative accommodation.
Mr "Y" not given concert to Mr "D" for redevelopment Bcoz permanent alternative agreement was not done. Rest in same building out of 18 room only 15 room tenenat given concert.
In March 2013 Mrs "M" expired.
In Oct 2013 both son of late Mrs "M" filed suit for eviction against Mr "Y" stating that Mr "Y" is a lisencee and not paid rent from the expiry date of leave and lisence, same agreement was expired before more than 16 years.
Both son of late Mrs "M" showed her mom as a tenant in plaintiff and demanded rent of three year under maharashtra rent control act 1999 and also for evictions of same said premises.
List of documents which Mr "Y" is having.
1) rationing card from 2002,
2) light bill on Mr "Y" name from September 2007,
3) gas from 2007,
4) telephone from 2007,
5) Election card from 2007.
Stamp paper in which Mrs "M" given tenancy rights to Mr "Y" is missing by Mr "Y".
Mahada already given N.O.C for redevelopment of same premises to Mr "D".
Thus pls suggest,
1) what is a way that Mr "Y" will get same room.
2) did small cause court have power to announce decision.
3) did competent authority is having power to announce decision.
4) what are the steps which Mr "Y" can use to save himself from evictions.
5) how much time same case will take to resolve.
6) who will get rent during redevelopment time and who will get permanent alternative accommodation.
7) does late Mrs "M" both son is having legal power to claim same room.
Devajyoti Barman
(Expert) 01 April 2014
Small causes court has jurisdiction to try this dispute.
Unless Y proves that he is a tenant, he has a very weak case to avoid eviction.
Rajendra K Goyal
(Expert) 01 April 2014
Small cause court has power to try and pronounce the judgement. all the relative documents need to be seen before any advise. Contact a local lawyer.
R.K Nanda
(Expert) 01 April 2014
consult local lawyer.
T. Kalaiselvan, Advocate
(Expert) 01 April 2014
