Rent act declaration suit in small causes court @ mumbai

Raymond Fernandes (Querist) 15 May 2012 This query is : Resolved
My father is tenant from the year 1983 (28 years) & the son of original tenant who expired in 1968 & my uncle expire a year before him in 1967 who's son as filed RAD suit.

My father name is also shows as a tenant in MHADA tenant list.

My uncle son who is a grandson of my grandfather is residing with us with his wife and children.

In 1994 he had filed a suit of R.A.D & was dismissed in the 2001 for default as he & other plaintiffs were not showing interest & was not coming on dates in court.

He married somewhere in 2004 & again he filed a suit along with my aunt & his sister who both don’t stay with us.

He filed similar suit with similar relief in 2008 as the time of suit when we were residing in a suit premises, in the year 2010 our landlord who is also a developer who owns the property called my father to execute a agreement of a flat under DCR 33 (7) on ownership basis & to shift to new flat as there were some problem with the builder so we also filed a short cause suit not to dispose us without due process of law.

In November 2010 we were been forcefully evicted by mhada officials mhada u/s 95 (A) summery eviction to the flat which my father was allotted the flat. My uncle son (grandson) is also residing with us.
My question is as the uncle son filed RAD suit in 2008 & the suit on which he claims tenancy right to be transferred on his name.

The tenancy claim on the suit premises as been demolished in year 2010 & still the suit is going on & same as been said & in writing by advocate to judge but still nothing is happening as the plaintiff advocate don’t come on dates & take adjourment.

And now my landlord is not ready to execute agreement of the new flat, as he saying that he wants to know the judgement of small cause’s court.

As we are residing in co-operative society & not paying maintenance since 2010 will that cause me harm as the chairmen and other committee members are not asking for maintenance.

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ajay sethi (Expert) 15 May 2012
landlord is playing safe . he dosent want to enter into agreement and allot flat to your father till inter family disputes are resolved .

you should pay maintenance as society will be charging 21 %interest for delay