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RM (MD)     19 October 2013

Breach of tenancy rights

Plantiff - landlord

Defendant No 1 - Tenant of House

Defendant No 2 - Blood Brother of Defendant No 2

Dear Sir,

Defendant No 1 has a an ownership flat but also has an flat which is a Pagdi house. The plantiff has claimed the rented flat (pagdi) covered under bombay rent act back from the Defendant No 1 stating that he requires the same flat for his  house bonifide members. Landlord has filed a suit against Defendant No 1 under breach of Tenancy Rights, 

Defendant No 2 were residing at the same pagdi place along with Defendant No 1. Defendant No 2 has moved to his own house.

Defendant No 1 has a big family 5 daughter's , 1 son & his wife , his own wife, 2 nice. Defendant No 1 has an dispute with his wife hence he keeps on shifting to his own owned house & his rented house. 

The small court has ruled in favour of Defendant No 1 that Defendant No 2 can stay with Defendant No 1 and has not created any third party interest in the same property and has now moved to his own house. 

Now the case pending is that Defendant No 1 has an ownership flat which is really small for his family and since this rented flat is demanded back by the Lanlord how we can fight against this matter.

Please advise if any Judgements available in such cases. Please ask me if you want more info on the case.



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