Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Ankit Shah (Service)     05 August 2013

Urgent help: pagdi system room owner evicted without notice

Dear All,

We own a Pagdi system room in Borivali (Mumbai) from 1950s on my granduncle’s name and we all lived there till July 2008 and moved to rented house because of water shortage & leakage issue, however my granduncle lived there until he passed away in July 2012 and after that owner of that chawl locked down my room without informing us and breaking our lock in November 1st week without giving any eviction/demand notice.

As soon as we came to know about this we met owner and he didn’t want to answer our any questions, he said “do whatever you want to do, I will not open my lock and this is not your family property anymore”. We rushed down to Police station and described them all the details and incident but they have refused to log my complaint till date, we have ration card, gas connection, election card, my father’s school leaving certificate, grandfather death certificate and many more residential proofs. My granduncle was unmarried and they lived with us his life, he knew that owner have bad intension, therefore my granduncle made “WILL” and allotted this room on our name. Also, owner hasn’t accepted house rent from last 2 years despite of several attempts of paying rent.

I have lots of my household stuffs in that room like gas stove, 2 cupboards, cloths, grain boxes, water drum, family documents, kitchen appliances etc…

Owner’s lawyer sent us notice that “WILL” is not eligible on tenanted property and we don’t have rights to stay/use my room and if we break a lock, they will take legal actions in Supreme Court under some IPC sections.

I am a common middle class person living with my parents and paying rent of Rs.8000 per month because my home is locked down.

I need your expert advice and help to get back my room.
1) Can owner evict talent without giving any notice?
2) Why can’t police log complaint of trespassing my property without permission?
3) Why WILL can’t be considered in leased property like Pagdi system where talent pay big lump sum amount while purchasing property and pay rents thereafter?
4) Can’t we have rights on our granduncle’s property (we have lived and taken care of him till he passed away)?
5) How can I process further?

Your help can get my home back, I would be really grateful n appreciate your kindness.

Thanks!
Ankit Shah



Learning

 4 Replies

Kishor Mehta (CEO)     05 August 2013

Sir,

1) Can owner evict talent without giving any notice?
[a] The owner can not evict a tenant without taking recourse to legal remedies. [b] The tenant should have a valid rent receipt.
 
2) Why can’t police log complaint of trespassing my property without permission?
[c] The Police can inerfere only if the tenant is physically thrown our using force, otherwise they will treat this as a civil case.
 
3) Why WILL can’t be considered in leased property like Pagdi system where talent pay big lump sum amount while purchasing property and pay rents thereafter?
[d] A rented/tenanted premises can not be bequeathed under a WILL.
 
4) Can’t we have rights on our granduncle’s property (we have lived and taken care of him till he passed away)?
[e] All family members having blood relations with the tenant have right to reside in the rented property.
 
5) How can I process further?
[f] You have to approach the Small Causes Court, in your case the Bandra Small Causes Court, and file a Declaratory suit against the landlord.
 
Good Luck
Kishor Mehta
 

Bobby Mani T (Lawyer)     10 August 2013

The answer by kishore is very correct.  The lesson we all should learn is that we should not pay huge sum as pagri.  Because it will not give us property right.  The people should learn that by paying huge sum as pagri they get only a possessory right and not ownership right.

ritedecisions (SENIOR)     04 September 2013

The answer by kishore is very correct.  The lesson we all should learn is that we should not pay huge sum as pagri.  Because it will not give us property right.  The people should learn that by paying huge sum as pagri they get only a possessory right and not ownership right.

read it they are tenant from 1950 and it was an popular system then now leave and licence is popular mr mani sir. FOR ABOVE MATTER, ONE suggestion get a lawyer as soon as possible 

Bobby Mani T (Lawyer)     05 September 2013

There is no doubt about that, you should contact a good lawyer and fight the case with prudence.  But be aware of your rights.


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