Pagadi rent

Querist : Anonymous (Querist) 13 June 2020 This query is : Resolved
Dear Experts,

I tried to understand Parvathy n Carona case but found difficult

When owned flat is used by generations They do need flat ownership and deal documents which are valued possessions and preserved,Why pagdi document optional??
Why should tenants enjoy too much for cheap on someone else lifetime's efforts??
Thank you for kind replies.I don't know how to respond to questions by you on my query hence writing here.

Yes it was our grave mistake not to increase rent earlier as we were misguided that it cant increase
Our tenants have rent receipts since 1940 but no pagadi document
Rent is around rupees 125 a month for around 1500 sq feet plus in Andheri east
What is procedure to increase rent

1.Can we also take rent from past once it increases

2.Also we are residential owner while other 4 owners trying to sell stake to builders.Will tenants join them to harm us if we increase rent

3
If current rent value is around a lakh then till how much will court increase

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Quick Summary

This discussion addresses the challenges of significantly low rental income from Pagadi properties, with rent receipts dating back to 1940. The landlord is seeking to understand the procedure for increasing rent, including the possibility of backdated increases and potential court involvement. Experts advise filing a petition before the Rent Controller to fix a fair rent based on prevailing market rates, even without a formal 'Pagadi' document, as long as rent receipts exist.

Raj Kumar Makkad (Expert) 13 June 2020
You should have posted this thread in the same original query so that earlier query and replies could have been connected.

Raj Kumar Makkad (Expert) 13 June 2020
You are still landlord and both of you are still governed by Maharashtra Rent Control Act, 1999 so file a petition before Rent Controller seeking fixing of fair rent as prevailing in market/adjoining areas.

Rajendra K Goyal (Expert) 13 June 2020
You should have posted above in same previous thread.

Go for fixation of fair rent of the property.

Dr J C Vashista (Expert) 14 June 2020
I endorse the expert advise of Mr. Raj Kumar Makkad.
Move a petition before Rent Controller/ appropriate Court of jurisdiction to fix fair/ standard rent.

P. Venu (Expert) 14 June 2020
As has been repeatedly suggested, the alleged lack of century old pagdi receipt, is inadequate to repudiate the factum of pagdi when the incidents of the holding the tenements are too obvious.

Approaching the Court may not of much avail. How can you adduce evidence for an averment of which you have no personal knowledge? Moreover, it is impossible that there could be anyone who have witnessed the original transaction and have living memory of the same and could have given evidence in support of your averment.

In short, the factum of pagdi system has to be inferred from the accompanying circumstances and there is nothing to suggest that the tenants are dis-entitled to claim the protection of the pagdi system.

Rajendra K Goyal (Expert) 14 June 2020
From the query, it seems that pagadi system would be difficult to prove by the tenant, the landlord may proceed on the advised line.

Raj Kumar Makkad (Expert) 14 June 2020
When the tenant has even no evidence of his pagdi and the landlord is having the rent reciepts then what is the hurdle before the landlord to avail the law of land to get the rent enhanced?

Raj Kumar Makkad (Expert) 14 June 2020
Refer to following Judgment passed by Hon'ble Supreme Court of India in the similar matter:

Supreme Court of India
Carona Ltd vs M/S Parvathy Swaminathan & Sons on 5 October, 2007
Author: C Thakker
Bench: C.K. Thakker, P. Sathasivam
CASE NO.:
Appeal (civil) 2805 of 2005

PETITIONER:
CARONA LTD

RESPONDENT:
M/S PARVATHY SWAMINATHAN & SONS

DATE OF JUDGMENT: 05/10/2007

BENCH:
C.K. THAKKER & P. SATHASIVAM

Rajendra K Goyal (Expert) 15 June 2020
Author need to go through the given decision, should also discuss in detail with local lawyer.

Rajendra K Goyal (Expert) 15 June 2020
It seems the query has been changed. The author should have asked any further question in the same thread by not changing the original query.

Rajendra K Goyal (Expert) 15 June 2020
You said:
tried to understand Parvathy n Carona case but found difficult

Reply:

Take help of local lawyer, may read it 2-3 times.

You said:
What is procedure to increase rent

Reply:

Discuss with local lawyer, proceed to get fare rent fixed.

Rajendra K Goyal (Expert) 15 June 2020
You said:
1.Can we also take rent from past once it increases

Reply:

Only by agreement or through court orders.

You said:
2.Also we are residential owner while other 4 owners trying to sell stake to builders. Will tenants join them to harm us if we increase rent

Reply:

You are proceeding legally; law is there to protect in such situation.

Rajendra K Goyal (Expert) 15 June 2020
You said:
3 If current rent value is around a lakh then till how much will court increase

Reply:

Depend on the court, situation, proceedings etc..

P. Venu (Expert) 22 June 2020
The decision in Carona Ltd vs M/S Parvathy Swaminathan & Sons had been in an entirely different context. It has no application in the present case.

Rajendra K Goyal (Expert) 23 June 2020
The author has changed the query.
Original replies are just irrelevant.
No reason to do so mentioned.
Referred decision seem to be not of much help to him.

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