Pagdi system maharashtra rent act 1999 advice
Sameer
(Querist) 31 January 2018
This query is : Resolved
Hello respected lawyer
There is a suit against us by landlord at bandra small court
The suit is for eviction due to non usage and bonifite. It under maharashtra rent control act 1999
The property is commercial property. My father is a senior citizen so landlord is troubling us.
There was no repair in the building till date by any one.
We are not happy with our lawyer working may be he is not able to understand or we are not getting it point.
It in starting stage we file ws then we file for depositing rent in court
1.The landlord was not taking rent we try to pay him via cheque but he didnt accept soon that basic our lawyer put a application for depositing rent. The rent was due from 1994.the last rent paid was 60rs so we send him letter with calculation as 60rs and asked if any incremental do let us know we are ready to pay. Before some years back he demanded 200rs for settlement so we accepted and gave him calculations according to 200rs that but after paying via cheque he didnt accept the rent.
In 2013 the landlord brother send legal notice to all tenants that not to pay rent to anyone as there is despuite.
Now landlord lawyer say that from 1965 we have not increased rent from 60rs so we agree to pay 250rs but that not true he have increased many number of time for which we have rent receipts of 1983, 87,90,92,93 and 94 where landlord had increased rent and the last rent was 60rs. 60rs rent was including everything.
So can landlord demand more then standard rent like last bill was 60rs in court he is demanding 250rs from 1994.
2. the landlord lawyer calculated 250rs from 1999 4% incremental on full 250rs and every year he did on cumulative. As per him 250rs include taxes repair fund and other taxes. Im 2018 as per landlord the rent reach 700rs as he have increased from 1999 to 2018 4% cumulative every year.
So my question is in maharashtra rent act 1999 was applicable from 1st april 2000 and 4% incremental sud on standard rent that too simple basic.. So can landlord demand such thing in court?
3. Landlord claim there was increase in property tax in 2010 by bmc. The increment was from 2010 i.e and 500rs per month which i feel is 100% wrong as our property is small other using double the space then us and landlord is taking rent as 700rs rent all inclusive till date. So if our small property the taxes wont be so much. So landlord demand 500rs extra from 2010.so
How do i find out what is my standard rent, taxes and repair cess as per bmc from 1994 till 2018 including any increased of any taxes?
What documents sud i asked from landlords?
4.if we prove landlord is demanding more then standard rent then can landlord be punish as per law he can't demand more then standard rent.
5.from rti i found out my rentation value in 1992 and 2007 was same nothing got change. So how find what sud be standard rent in 1994 till date and repair cess and property tax.
Honorable lawyer and senior consil and member with knowledge how to go about please guide us we will be really thankful for your advise.
Landlords have demand so high that my father is very tense.. Being senior citizen he is more tense and landlord keep coming and saying you will empty your shop in next hearing if you dont pay lakhs in court.
Thank you in advance
Sameer
(Querist) 02 February 2018
Is there any counsel to guide us please
Dr J C Vashista
(Expert) 02 February 2018
You will have to be brief and precise in your query which must not be a story. How much time and efforts do you expect from experts on this platform who are obliging public by doing a social service at the cost of their own professional time, efforts and intelligence/expertise FREE OF COST.
Consult a local prudent lawyer for proper appreciation of facts, analyses, guide and proceed.
