Since eviction orders have been passed the said tenants will not gain any benefit from redevelopment
2) for the said tenanted flats landlord would take the call
3) I presume said tenants have not filed any appeal against eviction order
What if Pagadi building planning to redevelopement but Eviction cases pending In small causes court?
What happened if Pagadi building Landlord willing to plan for redevelopment by appointing builder but there are some eviction decree ordered already passed in small causes court and Execution application is still pending... If landlord go for redevelopment did he get benefit of the decreed flat also he is having majority of existing tenants consent for redevelopment..
Asked 2 months ago in Property Law
Religion: Hindu
10 Answers
if the decree is in favour of the landlord and the tenant has not challenged that decree and the landlord has put such decree for execution/enforcement, then it is the landlord who will have the benefit of the redeveloped flat and NOT the tenant
- If the decree has already passed and the tenant has not file appeal against the decree before the higher court i.e. execution proceeding has not stayed , then the landlord has his right to enter into an agreement with the builder for redevelopment.
- The consent of the Judgement debtor not needed for the same, as the said tenant /JD has lost his claim over the property.
- As per law, the decrees or orders of the Small Cause Court can only be challenged in the High Court by way of revision under section 115 of the Code of Civil Procedure.
Dear Client,
If the landlord of a Pagadi building plans for redevelopment and has obtained the majority consent from existing tenants, the eviction decrees already passed and pending execution can potentially be beneficial. The decreed flats, where eviction has been ordered but not yet executed, could be included in the redevelopment plan. The landlord may use these decrees to expedite the clearing of these specific flats, thus simplifying the redevelopment process. However, the landlord must comply with all legal requirements and ensure that the rights of the tenants, including those with pending eviction applications, are addressed appropriately. Engaging with legal counsel to navigate these complexities is advisable to ensure a smooth redevelopment process.
If the case against you was decreed in favor of the landlord, nothing prevented you from preferring an appeal against the aggrieved judgment.
Now you have allowed the situation to go beyond your control because in execution petition you cannot challenge the execution of orders without any valid reason, and the valid reason would be to immediately file an appeal and and obtain a stay order till disposal of the appeal
Thank you for qiuick reply also What if in Pagadi building a suit for eviction is pending in small cause court for not staying in the property from the last 20 year`s electricty & water connection disconnected 12 years ago due to non payment neither rent paid in court also neither attempted to send rent Will the tenant benefit from the redevelopment, and is there any chance that the landlord will get the benefit earliest with such evidence ? If the landlord is going for redevelopment with a 60% majority, are these kinds of cases going to create trouble for the redevelopment process ?
Asked 2 months ago
As on date he is still a tenant
2) no eviction order has been passed
3) tenant should benefit of redevelopment
4) tenant against whom case is pending may create legal problems and try to obtain stay against redevelopment
The Pagdi system is a unique form of tenancy prevalent in Mumbai and other parts of Maharashtra. Under this system, tenants pay a lump sum amount to the landlord, known as the pagdi, and then pay a nominal rent for the property.
The landlord can evict the tenants.
They can only do so for specific reasons allowed under the law.
The following are some of the reasons for which a landlord can evict a tenant in the Pagdi system: Non-payment of rent by the tenant:
If the tenant fails to pay the rent on time, the landlord can initiate eviction proceedings against them.
However, the redevelopment process in the Pagdi system can be complicated, with issues related to ownership, tenancy rights, and compensation.
The Maharashtra Rent Control Act, 1999, lays down the procedures for redevelopment in the Pagdi system.
Dear Client,
In the case of a Pagadi building where an eviction suit is pending due to the tenant not residing in the property for the last 20 years, with electricity and water disconnected for 12 years, and no rent paid or attempts to send rent, the tenant is unlikely to benefit from the redevelopment. Given such evidence, the landlord stands a strong chance of succeeding in the eviction case. If the landlord is proceeding with redevelopment with a 60% majority consent from other tenants, this specific eviction case should not significantly hinder the process. However, to avoid potential legal complications, it is advisable for the landlord to resolve the pending eviction suit before proceeding with the redevelopment.
the tenant will fail in the suit and the landlord will get benefit of the redeveloped premises
tenant will fail as he has clearly not complied with the requirements of s.15 of the rent act
- If the case is pending before the Court , then the tenant can create trouble for the redevelopment process .