Tenancy
Mr. V ohra
(Querist) 14 October 2015
This query is : Resolved
Respected sir/madam,
i am a tenant since 24 years in mumbai, my owner has gifted property to muslim trust and instructed me that hence forth i am wakf tenant an i will be abide by wakf act, the trust say me to increase rent and filled application for removal of encroachment in wakf board as i am not given rent to them according to trust i have to get my premises renewed after every three years and increase rent every year or vacate the premises please guide me.
ABDUL RAZIQUE
(Expert) 15 October 2015
Dear Vohra
As per Mumbai Wakf act 2013 may file eviction suit for recovery of khas possession if the tenant deny to increase rent as per tenancy act.
You may go to arbitration or court as you desire.
Mr. V ohra
(Querist) 16 October 2015
dear sir,
i am ready to give rent and increasing rent is also not an issue but trustee are insisting to go for 3 years agreement and asking abnormal increase in rent also. my previous owner has give me lease deed without specifying period and i am in tenancy since 24 years please do guide me.
Rajendra K Goyal
(Expert) 16 October 2015
Consult local lawyer and show him all the documents.
ABDUL RAZIQUE
(Expert) 16 October 2015
the trustees are insisting as per Mumbai Wakf act 2013
Mr. V ohra
(Querist) 17 October 2015
Sir . my query is that only whether i will be governed by the Rent act or Wakf Act 1995.
T. Kalaiselvan, Advocate
(Expert) 17 October 2015
Section 7(14)(b)(c) of Maharashtra Rent Control Acts says:
(b) where the standard rent or fair rent is not so fixed, then subject to the provisions of sections 6 and 8,
(i) the rent at which the premises were let on the 1st day of October 1987; or
(ii) where the premises were not let on the 1st day of October 1987, the rent at which they were last let before that day, plus an increase of 5 per cent, in the rent of the premises let before the 1st day of October, 1987, or
(c) in any of the case specified in section 8, the rent fixed by the court;
and a tenant means:
(15) "tenant" means any person by whom or on whose account rent is payable for any premises and includes,-
(a) such person,-
(i) who is a tenant, or
(ii) who is a deemed tenant, or
(iii) who is a sub-tenant as permitted under a contract or by the permission or consent of the landlord, or
(iv) who has derived title under a tenant, or
(v) to whom interest in premises has been assigned or transferred as permitted, by virtue of, or under the provisions of, any of the repealed Acts;
(b) a person who is deemed to be a tenant under section 25;
The above underling facts clearly states that you were a tenant and you are liable to pay a nominal escalation of rent only and need not pay the rent fixed arbitrarily by the Wakf board.
You may approach Rent control court seeking relief for the excesses.
Mr. V ohra
(Querist) 19 October 2015
Thank you T.Kalisevan sir ,
for briefing i had also received notice from wakf board under section 54 of wakf act(encroachment)and had appear before on the fixed date, C.E.O gave me next date and told to appoint adv. when i consulted adv in auragabad some adv. say rent act is applicable some say rent act is not applicable what should i do? should i fill fresh suit in mumbai,
ABDUL RAZIQUE
(Expert) 20 October 2015
if you want to file counter case, it will be no burden, you may be proceed.
Mr. V ohra
(Querist) 21 October 2015
were should i file in the wakf board or civil court
ABDUL RAZIQUE
(Expert) 21 October 2015
kindly consult local lawyer for proceeding
Mr. V ohra
(Querist) 27 November 2015
were should i file in the wakf board or civil court
