cpc

pagdi system landlord not accepting rent


Hii

I am having a padgi shop from 1961; It was in my grandfather name.

The landlord Is not collecting rent from us from OCT 1995, Our rent was 70 Rs as per Oct 1995 bill but He was demanding us to pay Rs.2000 so grandfather denied to pay the rent. So once we had send money order via lawyer in 1996 (the receipt of that money order is also misplace).Now its 2013 almost 18 years have pass the landlord have not collecting rent from us. We are ready to pay the rent

The bldg was in the name of Landlord father for which we have receipt now the bldg have been transfer to his son As his father is dead but his son is not ready to take rent. I went to meet him many time to clear the amount but he was like demanding us to pay 2000 per month till date, we request him that we can pay you Rs.500 per month irrespective the rent was just Rs.70  but he was not ready to bulge less then 2000rs which is too high and we can afford that.

My grandfather expired on 2005; we don’t have any family dispute internally.

My father used to do business till 2011 so till that time we used the premises well.

Now the shop is currently not used as my father is not well and not able to go to the shop. The shop is full with the business goods, we do pay all due like electricity bill and telephone bill every month on time. We do have shop establishment upto date without any issue. In filling of income tax return we do make a point to show a small amount of Profit from shop as some time dad do supply good from the shop directly without sitting in the shop.

We want to clear this issue ASAP please do advise us

 

(The landlord son have file a case on the neighbor shop in 2010 asking for the property for personal USE who had not paid the rent for just 8 month(rent Rs.500) ,but he is not filing case on us, Whenever I speak with him he say that your rent is remaining from 1978 or sometime he said you have not paid from 1980 / 1986 But we do have receipt of 1995 and I just tell him we do have more receipt of ahead year need to find them, So from this I feel that he don’t have record of the rent which his father have collected)

 
Reply   
 
Dy Director

Hii I am having a padgi shop from 1961;

 

·         How pagri you paid at that time?

·         What will the present value of pagri even if interest is addd for 52 years?

·         How large is the property?

·         Where house is located?

 

It was in my grandfather name.

 

·         Has contract been renewed or substituted?

 

The landlord Is not collecting rent from us from OCT 1995,

 

·         How do you prove that you are not paying rent?

·         What effect he did to get the house vacated?

 

 Our rent was 70 Rs as per Oct 1995 bill but He was demanding us to pay Rs.2000

 

·         Did he do a crime?

 

so grandfather denied to pay the rent.

 

·         He is still a gentleman who did not start eviction process.

 

So once we had send money order via lawyer in 1996 (the receipt of that money order is also misplace).

 

·         After six months even post office does not provide record and you never sent the rent again How do you prove that you are not refusing to pay rent?

 

 

Now its 2013 almost 18 years have pass the landlord have not collecting rent from us.

 

·         He probably does not want to be a begger. Have you made application for deposit of rent in court?

 

We are ready to pay the rent

 

·         But how do you prove that you intend to pay?

 

 

The bldg was in the name of his father

 

·         Whethert in the name of your family?

 

for which we have receipt now the bldg have been transfer to his son but his son is not ready to take rent. I went to meet him once to clear the amount

 

·         So you never met him again?

 

 but he was like demanding us to pay 2000 per month till date, we request him that we can pay you Rs.500 per month but he was not ready to bulge less then 2000rs which is too high

 

 

·         How do you think it is too high?

 

and we can afford that.

 

 

·         Then why donot you pay?

 

My grandfather expired on 2005; we dont have any family dispute internally. My father used to do business till 2011 so till that time we used the premises well.

 

 

·         SO it was a commercial property?

 

Now the shop is currently not used as my father is not well and not able to go to the shop.

 

 

·         So you do not nee the property as on now still want tocling on to it?

 

The shop is full with the business goods, we do pay all due like electricity bill and telephone bill every month on time.

 

 

·         Your family had a business there and needed electricity so had to pay for the same. Did you have any choice?

 

We do have shop establishment upto date without any issue. In filling of income tax return we do make a point to show a small amount of Profit from shop as some time dad do supply good from the shop directly without sitting in the shop.

 

 

·         So you never needed that shop and kept it as a sham?

 

We want to clear this issue ASAP please do advise us (The landlord son have file a case on the neighbor shop in 2009 who had not paid the rent for just 8 month(rent Rs.500) ,but he is not filing case on us,

 

 

·         This can be so that either he is emotionally attached to your family or you have a posed deep terror threat on him?

 

 Whenever I speak with him

 

·         So you are contradicting your version that you met him only one?

 

he say that your rent is remaining from 1978 or sometime he said you have not paid from 1986 But we do have receipt of 1995

 

 

·         So you are admitting not  having paid since long which even the landlord has forgotten?

 

and I just tell him we do have more receipt of ahead year need to find them,

 

 

·         You are just bluffing the gentleman and will not stand cross-examination.

 

So from this I feel that he dont have record of the rent which his father have collected)

 

 

·         You do not have record of your payment or intention thereof.

 

 

The reactions are based just on the facts stated by you.

 
Reply   
 



Hii I am having a padgi shop from 1961;

 

·         How pagri you paid at that time?

·         What will the present value of pagri even if interest is addd for 52 years?

·         How large is the house?

·         Where house is located?

 

 

 Sir it is a shop around 300 sq feet located in Mumbai (Malad).

SIR we don’t know how much pagri was paid at that time by my grandfather, my dad say he must have paid 10000.For that there is no receipt of payment

 

It was in my grandfather name.

 

 

·         Has contract been renewed or substituted?

No there is nothing done to renewed or substituted

 

 

The landlord Is not collecting rent from us from OCT 1995,

 

·         How do you prove that you are not paying rent?

·         What effect he did to get the house vacated?

Sir the landlord is not collecting rent from neighbor shop also,he never come and when ppl go to his house to give cheque he never give them receipt,

Sir he have not done anything,as our shop is fully loaded with saleable good,we do have electricity bill,telephone bill till date and shop establishment full updated till date.

 

 Our rent was 70 Rs as per Oct 1995 bill but He was demanding us to pay Rs.2000

 

·         Did he do a crime?

Sir how can someone demand so much high rent,there are law to increase the rent,Mumbai rent act protect this I feel so,

 

so grandfather denied to pay the rent.

 

·         He is still a gentleman who did not start eviction process.

 

Sir if he send us the notice that you have not paying rent so we will pay it immeditatly but he is not doing that as if he send us legal notice he will have to demand rent as per law @Rs.70 or any increment allow by the law,

 

So once we had send money order via lawyer in 1996 (the receipt of that money order is also misplace).

 

·         After six months even post office does not provide record and you never sent the rent again How do you prove that you are not refusing to pay rent?

Sir that our mistake we have never send rent again,

 

 

Now its 2013 almost 18 years have pass the landlord have not collecting rent from us.

 

·         He probably does not want to be a begger. Have you made application for deposit of rent in court?

Sir we have not made application for deposit of rent in the court.

 

We are ready to pay the rent

 

·         But how do you prove that you intend to pay?

That what I am asking how to pay the rent

 

 

The bldg was in the name of his father

 

·         Not in the name of your family.

 

for which we have receipt now the bldg have been transfer to his son but his son is not ready to take rent. I went to meet him once to clear the amount

 

·         So you never met him again?

Yes sir we have met him many time to settle the issue,

 

 but he was like demanding us to pay 2000 per month till date, we request him that we can pay you Rs.500 per month but he was not ready to bulge less then 2000rs which is too high

 

 

·         How do you think it is too high?

Sir Mumbai rent act protect this I feel

 

and we can afford that.

 

 

·         Then why donot you pay?

Sir if he demand any rent how can we pay,he have to demand rent as per Mumbai rent act

 

My grandfather expired on 2005; we dont have any family dispute internally. My father used to do business till 2011 so till that time we used the premises well.

 

 

·         SO it was a commercial property?

Yes sir it’s a commercial property

 

Now the shop is currently not used as my father is not well and not able to go to the shop.

 

 

·         So you do not nee the property as on now still want tocling on to it?

Sir we need the property we are planning to start a new business as soon as this rent issue is resolve

 

The shop is full with the business goods, we do pay all due like electricity bill and telephone bill every month on time.

 

 

·         Your family had a business there and needed electricity so had to pay for the same. Did you have any choice?

Sir I am trying to prove that if I m ready to pay every month bill around Rs.600 why wud I nt pay rent Rs.70 or any increment as per Mumbai rent act

 

We do have shop establishment upto date without any issue. In filling of income tax return we do make a point to show a small amount of Profit from shop as some time dad do supply good from the shop directly without sitting in the shop.

 

 

·         So you never needed that shop and kept it as a sham?

Sir we need the shop as of now I m doing business from my home,so as soon we get the rent clear we will start a new business,Sir I am just trying to prove that the shop is not been used,we pay all dues everymonth,In income tax we show profit from that shop,Why we do this so that the landlord cant prove we don’t need the shop as we don’t use it

 

We want to clear this issue ASAP please do advise us (The landlord son have file a case on the neighbor shop in 2009 who had not paid the rent for just 8 month(rent Rs.500) ,but he is not filing case on us,

 

 

·         This can be so that either he is emotionally attached to your family or you have a posed deep terror threat on him?

Sir He is not emotionally attacted to us nor we have posed a deep terror threat on it,We are simple ppl,I seriously feel he don’t hv receipt till where we have paid rent,Or he feel that if he file a case on us he cant not demand more than the amount that law will agree to

 

 Whenever I speak with him

 

·         So you are contradicting your version that you met him only one?Sir we meet him 2 time and many time we had a word with him on phone

 

he say that your rent is remaining from 1978 or sometime he said you have not paid from 1986 But we do have receipt of 1995

 

 

·         So you are admitting not  having paid since long which even the landlord has forgotten?

Sir as we have the rent receipt so he sud also have record of the same.If he hv forgotten then he can see the records,

 

 

and I just tell him we do have more receipt of ahead year need to find them,

 

 

·         You are just bluffing the gentleman and will not stand cross-examination.

Sir I m bluffing it as he dnt have records,

 

So from this I feel that he dont have record of the rent which his father have collected)

 

 

·         You do not hve record of your payment or intention thereof.

Sir we are ready to pay the rent if he had send notice,

 

Sir what should we do now you please advise us

 

 

 

 

 
Reply   
 
Dy Director

You want to have a 300 sq ft shop at a rent of Rs 500/- (while actual rent now will be more than 10 times) otherwise you will have the same without being needed and yet not pay any rent while you have not contract/receipt and you will also not deposit rent in court. If you intend to pay rent you can keep sending the MO which may be returned and documented. You do not need the shop as you are doing business from home and not capable to use the shop.  You are just showing some income from the shop.

 
Reply   
 

Sir

There is a act under Mumbai rent act which control the rent and protect tenants sir

Tomorrow landlord will come and ask pay 5000 or 50000 as rent which legally is not allow under Mumbai rent act. I stay in padgri house of 900sq feet for which the rent is just Rs.320.

I don’t know why are you not helping us by advising us what should we do next to settle the matter

I feel if the landlord sends us the LEGAL notice for paying the balance Rent he can’t ask for 2000rs he will have to ask Rs.70 plus other increase tax as per the Mumbai RENT Act  and the landlord have never done any major repair (in fact he have never repair anything)

We are using the shop as godown where we keep our stock and we do supply good when required, We have document to prove that we are using the shop as godown and we are doing supplying business from there. We do show profit from  the supply business we do from the shop,we do pay all electricity bill, telephone landline bill, shop establishment.

Please advise us what should we do next

 

 

 
Reply   
 

One of the good lawyer name Kishor mehta mail me this and you can see sudhir Kumar replying on this forum Without knowledge of  THE MAHARASHTRA RENT CONTROL ACT, 1999

 (MAH. ACT NO. 18 OF 2000) 

The landlord can not ask you to vacate ordinarily, however to be on safe side, please send him to total amount of rent, per money order, from October 1995 till date as per the amount of the last rent receipt, if the landlord does not accept and returns the money order, please keep the money order receipts to show that you are ready and willing to pay the legal rent of the premises

 

Need some more advise please help me


http://housing.maharashtra.gov.in/Sitemap/housing/pdf/actsrules/THE_MAHARASHTRA_RENT_CONTROL_ACT.pdf


 
Reply   
 
Dy Director

This is a chaitable forum and you are getting free advise.  Please pay some advocate and make him to read wahtever law you want advise.

 
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