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vineet (proprietor)     14 September 2011

Pagdi system landlord not accepting rent

I HAVE A SHOP AT A PRIME LOCATION.IN 1976 UNDER THE PAGDI SYSTEM THE RENT WAS FIXED AT RS 355.THE ORIGINAL LANDLORD PASSED AWAY IN 1992 AND HE HAS 2 SONS,ONE OF THE SON CLAIMED TO BE THE LANDLORD OF MY SHOP,BUT SINCE 1997 HE STOPPED TAKING RENT AND STOPPED ISSUING THE RENT RECEIPT.THE RENT RECEIPT IS IN MY FIRM`S NAME.I SENT MULTIPLE MONEY ORDERS THROUGH R.P.A.D IN THE YEAR 1999 2000 2001 2002 WHICH THE LANDLORD DIDNT ACCEPT.I AGAIN SENT THE MONEY ORDER THROUGH R.P.AD IN 2009 UPTIL 2012.

RECENTLY A MONTH AGO HE SENT ME A NOTICE CLAIMING I`M A DEFAULTER AND TO HAND OVER HIM THE PROPERTY AS HIS WIFE WANTS TO START A PHARMACY STORE.HE ALREADY HAS MANY MANY PROPERTIES.ON THE CONTRARY I`M EARNING MY BREAD AND BUTTER FROM MY SHOP AND HAVE NO OTHER PROPERTY TO CONDUCT BUSINESS.I SENT HIM A REPLY THROUGH A LAWYER AND TOLD HIM I`M NOT A DEFAULTER AS I`VE BEEN SENDING RENT AND HE HAS NOT BEEN ACCEPTING IT.

HE HAS ILLEGALLY SETUP A PAN SHOP RIGHT IN FRONT OF MY SHOP`S SHUTTER TO HARRASS ME,I`VE FILED A COMPLAINED IN PMC BUT LOOKS LIKE THE PAN WALA AND THE LANDLORD GIVE PMC MONEY UNDER THE TABLE,THATS WHY THE PAN SHOP IS STILL THERE.

MY QUERY IS HOW DO I SAFEGUARD MYSELF,WILL SENDING MONEY ORDERS AND THE LANDLORD NOT ACCEPTING IT  A PROOF WORTHY ENOUGH TO SAFEGUARD MYSELF IN CASE A CASE IS REGISTERED AGAINST ME?



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 3 Replies

AAK (Advocate)     15 September 2011

The present laws are infavour of land lord... The law says its  his land n if he wants for his need the tenant has to vacate it.. at the most,  you get only some TIME if you contest the matter in the court.. cant predict the exact time as it differ from case to case.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     15 September 2011

It is a misconception that laws are in favor of landlord , take proper steps and you can not be forced to vacate.

 

The law is in  favor of tenants , just because proper care is not taken from initial stages and hence tenants may  face problems. Following are important situations and if proper care is taken landlord or tenant can benefit from it.

1)     Tenant should pay  rents regularly and demand rent receipts. If landlord does not accept rent or do not give rent receipts tenant can apply to the court for deposit of the rent in the court.

2)     Land lords can not increase rent , tenants  will get protection from court by filing suit for fixation of standard rent by the tenant.

3)     If there is no lease agreement or it is not registered the harm will be more to landlord than the tenant.

4)     It is a myth that eleven months leave and license agreements can be renewed again and again. It is not legal. The damage / harm  will be more to landlord than tenant.

5)     Landlords can seek possession for i) default for rent payment ii) sub tenancy without permission and major structural changes in premises without legal permission. Tenants by taking proper precautions can avoid these traps.

6)     Landlords seek possession for personal needs but they have to prove that landlord  will have more difficulties  than the tenant than only eviction is possible on this ground., otherwise not.

 The landlord can not evict any tenant by force , he must get an order from the court for eviction.

7)     The landlords and their advocates as a rule make mistakes in over confidence , only expert legal advice can help tenant to take its benefit and the landlords to avoid it.

8)     You must take assistance from  hard working and expert legal person since the beginning. Once the initial steps are lost no  body can help you. Most of the landlords and tenants just  do the reverse . They take advice from immature persons in the beginning  and run to experts at later stages when things go out of control so nothing can be done .

9)     It is a myth that law and courts are in favor of landlords. Read any Judgment in favor of landlord even up to SC and you will find that the tenant lost because he / she or their advocate did not take proper steps at initial stages.

1 Like

vineet (proprietor)     16 September 2011

Thank you for your reply,

                                      I`ll immediately tell my lawyer to start depositing the rent in the court,I had asked my lawyer earlier whether just the money order not accepted by landlord is a proof.He said its ok,however to make my case stronger i`ll tell him to start depositing the rent in the court.Also my landlord has said that my rent receipt is in the name of LAXMI AUTO hence i can conduct business pertaining to only automobiles business.In the agreement made with the landlord`s father its mentioned that the shop is being rented out for business(in marathi its mentioned dukaan dhanda saathi dele aahe)no where in the agreement its mentioned for automobiles spare parts business

my final query is can i start any business under the firm`s name like clothes nike showroom adidas showroom etc as long as i`m running the business and i`m not sub leasing it.or do i have to continue to run automobile business only.

Also in the contract its mentioned that all the mantainance would be taken care by the landlord,how ever since past 35 years he has not taken care of any matainance,we have done all the mantainance from our own pockets.he is not on talking terms with me and starts abusing whenever i tell him about improving the shop,

i want to renovate my shop also,can i do so without telling him or do i need his permission,as far as i know he will say no and start abusing me.renovating as in nothing major,just new furniture and painting

 

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