Pallavi Halarnkar (Professor) 04 March 2013

Tenancy agreement under pagdi

Respected Sir(s)

We own a room under pagdi system for almost 30 years now, Although in the inital period we had not been staying there very regularly, but now for the past one year we have been staying in the said room , but we have never delayed in the rent payment, which was done on a regular basis, two days back my landlord calls me for a discussion on some thing called as tenancy agreement in which all the points stated are in his favour none of the point reflect any kind of support in our benefit as a tenant for 25 years,

When asked why this tenancy agreement he says it is mandatory acc to MAHARASHTRA RENT CONTROL ACT 1997 passed in 2011, As long as i know when there is no Leagl law for pagdi system how can my landlord make some agreement based on this Act,

Something more to add , he has started mentally harrassing all 35 room people under him , stating that if they do not sign the agreement prepared by him , he is not going to issue any rent receipts which he has already started executing the same, First he accepts the three months rent and then he says that i will give you a receipt only if u sign the agreement, Poor people are just agreeing to all this , On top of this first he use to take a rent of Rs 200 now he has increased it to Rs 300

Can some one please help me out , how it is possible for me to take a legal action against him or what procedure do i follow for this

Thanking

Regards

Pallavi

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2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 04 March 2013

There is no legal word like pagdi in transfer of property act. This is a local system vide which the person in possession of any immovable property gets certain agreed amount prior to transferring the possession of that property in favour of transferee. Such transferee if wants to further transfer in the name of some other persons then he also demands increased amount in the name of pagdi. Some time old possessors of such properties if return the property to landlord even then they charge amount from him called pagdi. As already told this system has no value before eyes of law. It is an informal deposit system and honored by most of the parties. But the convention is that when the same is transferred to some other person on pagdi basis, the profit is shared 50:50 between the land lord and the pagdi tenant.

DEEPAK DHYANI (PROP) 07 April 2015

Dear Sir ,

my father has a property in Delhi-92 , he purchase this property on 1995 & from this time he is running a factory with registered firm & sales tax number . in 2002 he had given one room to a lady with family for without any rent & any expense .Now my father become 75 years old & not able to run his factory so allow me to run this factory , for this i want more space to work freely as this lady occupy others rooms also .when we ask her to vacate this premises she is refusing to vacate & demanding money .

i want to ask the procedure that how we can evict our premises from the lady & my father don't want indulge in any court case as he is 75 years & fear to face long process of court matter