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