CA Vikas Agrawal (proprietor) 19 July 2014

Should i file suit

hello

i have an ancestral property at jogeshwari mumbai...we were not owners but got the probate

done from high court ...now we are legal owners but this property is 50 years old and was

given on pagadi basis to tenants...we know that we were having possession of this property

and collecting rent before becoming legal owners...

there are no pagadi papers and tenants are harassing by paying mear 3000/- rent for such property in posh

area in mumbai. we have four tenants

i m thinking to file suit on one tenant on following grounds

--sub letting property without our permission

--damaging property door for entering large machines

--constructing a wall inside galas.

what are the chances of getting property evicted by them-- how long small cases court takes to give

hearing and how much will be expenditure

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5 Replies

T. Kalaiselvan, Advocate (Advocate) 19 July 2014

You can apply for fixation of fair or standard rent before the rent controller court under the provisions of section 8 of Maharashtra Rent Control Act of 1999 (act No. 18 of 2000). Also you may visit section 16 to 19 NS 23, 24 of the same act in which you will find sufficient grounds for regaining possession of the tenanted property. Consult a local lawyer and discuss with him about next course of action in this regard.

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CA Vikas Agrawal (proprietor) 19 July 2014

whether act 1999 is applicable on them because they r on pagadi 50 years ago

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 19 July 2014

The consideration paid to a landlord as a fine, premium or consideration (pagdi) has been legalised by Section 56 of Rent Control Act, 1999.

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CA Vikas Agrawal (proprietor) 19 July 2014

tenants are given premises 50 years ago...we get very nominal rent...

what will be the standard rent to charge.

T. Kalaiselvan, Advocate (Advocate) 19 July 2014

The standard or fair rent to be charged will be decided by the court (rent controller) on an application before it under relevant provisions of Maharashtra Rent control act law, which has been quoted in my previous post, consult a local lawyer and file a petition in this regard.