Paghdi system mumbai

Vivek tiwari (Querist) 22 June 2016 This query is : Resolved
I have possession of my house from last 60 years.i have ration card ,electricity bill.but i have not paid any amount to landlord or not paid rent.as landlord has given the house bcz i use to do all work of bldg and i was taking care of bldg as i was servant of landlord. Can landlord evict me?? Can i claim tenancy right?

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Vivek tiwari (Querist) 22 June 2016
Our bldg is protected under rent control act
Some of the tenant have formed tenant coop society and got registered under msc 1960.i have applied for a membership but society denied. so what can i do sir??
I want file an complain to registrar.
I need an advocate to get a membership

P. Venu (Expert) 23 June 2016
The facts disclosed are confusing. First of all, please clarify how you consider yourself under the Paghdi System.

Rajendra K Goyal (Expert) 23 June 2016
Discuss full facts with local lawyer.

malipeddi jaggarao (Expert) 23 June 2016
Your relationship with the landlord/owner is not of owner-tenant. He has given you free accommodation in consideration of services rendered by you. There is no apparent right on the dwelling house/property.

Guest (Expert) 24 June 2016
There is one provision in Maharashtra Rent Control Act, allotment of tenement to a person when he is in service of employer.

Once tenement is allotted when he is in service of the employer till the time he is in service till then he can claim protection .

But when his service is over or terminated then his protection under Maharashtra Rent Control Act is also over.

If regarding service there is dispute pending in Labour court then till final outcome of the Labour dispute is not solved he can continue to reside in allotted quarter/residential premises.

So this matter is dealt in dual form . Now if the owner does not have many employee or even if he has company with hundreds of employee and he show you as direct employee of him and his personal servants are less then he can easily terminate the service with one month salary and thus you loosing the right on that premises too.

How your matter is presented is in hands of your Advocate looking all permutation and combination.

Now whether you are in service or not that too required to be seen and what is the stand of owner that too require to be seen.

From Owners point of view he is not concern of taking negligible rent he will be concern now whether he should give free flat when property goes for redevelopment so he will surely contest rigorously.

With property price shooting at high level if you are claiming to be tenant then be sure it will be long costly battle and you need to prepare for it if interested. Just don't expect that you go and give some application and you join other tenants.

Vivek tiwari (Querist) 24 June 2016
P.venu sir ..i consider myself under Paghdi system bcz other tenant (excluding me)are protected under rent control act so i also assume myself protected under Paghdi system

Vivek tiwari (Querist) 24 June 2016
Madhu mam as i am not full time servant of landlord jst i have to devote only 2 hrs dialy.like start the water pump,close the gate of bldg,take care of whole bldg.
But i was not getting any salary from landlord

Vivek tiwari (Querist) 24 June 2016
P.venu sir..In 1950 my grandfather started living in said house and he have not given any consideration to landlord. landlord has given us the house in return we have to do work of whole bldg.we are not paying any rent to landlord. since last 60 yrs landlord has not evicted us.so can i claim tenancy rights or in future can landlord evict us

P. Venu (Expert) 24 June 2016
Under Paghdi system, the tenant is considered to have interest in the Paghdi (initial consideration). In the absence of such consideration, the existing arrangement does not qualify to be one of Pahdi system.

Guest (Expert) 24 June 2016
Since you where not getting salary from Employer then that specific provision regarding allotment of quarters /flat by employer is not applicable to you.

If you want to claim tenancy right then you need to approach small cause court, Case is weak but once you start proceeding your owner /land lord / part time employer what ever is status is he will be agitated so thinking of all consequence you decide.

I will say difficult from your side to claim tenancy

Paghdi system mumbai

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