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Todi (Committee Member)     15 October 2013

Consent terms with cunning land lords!

We are pitted against the land lords having criminal mindset and wanted to evict the tenants by hook or crook. After several court cases tenants protected under Maharashtra Rent Control Act have entered in to consent terms with them approved by Bombay High Court on 13.9.2013 in our writ petition no. 323 of 2013. As per the consent terms land lords were to enter in to individual agreement with the tenants offering them flats in the redeveloped building to be completed in 36 months and tenants were required to hand over the possession of their tenancy flats to the Court Commissioner on 18.10.2013. To our utter shock since order dated 13.9.2013 the land lords have been delaying the agreements under some pretext or other and we are being forced to hand over the possession to the Court Commissioner on due date. We find it very risky as the land lords may create dispute and make consent terms unenforceable there by making tenants suffer huge financial losses and mental torture. What happens if we insist on execution and registration of agreemnts prior to handing over the flats to Court commissioner resulting in the lapsing of date fixed by the high court.
Experts pl. help and advice us suitably in the matter. Petition No. WP/323/2013.



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 2 Replies

Kishor Mehta (CEO)     15 October 2013

Sir,

If the consent terms are explicit and positively state that the possession is to be handed over only against the registered documents with the individual tenant from the Landlord, in that case it will be advisable to bring the delay to the notice of the Court and request the Court for a remedy.

Good Luck

Kishor Mehta


(Guest)

As per my understanding of the law Consent Terms is an Agreement. Your lawyer must make an application for issuance of Decree which can then be enforced and executed. As far as the time schedule is concerned, your lawyer will have to examine various aspects of law and if necessary ask for extension.


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