You may engage the services of a new advocate and appear before the court on the date of hearing and challenge the case properly.
You can insist the court to instruct him to prove his succession to the property by documentary evidence.
Leaving in Pagdi System in Chawl for more than 32 Years
Hi All, My father has purchased a room in Chawl under the pagdi system in the year 1992, and at that time the landlord was coming and collecting rent on time, and we have the rent receipt as well for that time. But in the year 1997 our landlord died and he was having no one in his family. So no one has came to collect rent till the year 2015. But in the year 2015, one of his legal heir has came and started asking for the rent for all the pending years, we have around 25 rooms in that chawl and he has started asking rent from all the room owners. We all were ready to pay the rent but have asked him to show the legal heirship documents if he has but he has refused to show. Now in the year 2017, he has sent summon to 4 room owners and filed a case that we are not paying rent, we all 4 room owners went in court but he was never coming for hearing . After 6 hearing, my father and otehr room owners got fed up and stopped attending the hearing, meanwhile around the pandemic time, our lawyer also passed away. Nor before a week, landlord has again sent us a summon that we are not attending any hearings and in the summon he has mentioned to pay all the rent with interest and vacant the place within 30 days for receving the summon. We all 4 room owners are always ready to pay the rent if he shows his legal ownership. He has also filed that we have constructed the 1+1 room, without his & BMC permission in the year 1999, but he was not even available a that time. Why he has sent summon to only 4 of us and not to all the room owners. Many room owners has build up 1+1, without permission than why we only 4 rooms. What will be the outcome of this case in the court. We have a hearinf on 23rd of October.
Asked 3 months ago in Property Law
Religion: Hindu
4 Answers
Ideally the tenant is to approach the landlord for paying the rent
The tenant is required to show his readiness and willingness to pay the rent on time
If the landlord stopped coming to the building to collect rent, then the tenant ought to have approached the landlord for paying the rent
The tenant must show and prove that he made all inquiries to find the whereabouts of the landlord or his heirs
If the heirs could not be traced, the tenant ought to have deposited the rent in the Small Causes Court to show his bonafides and willingness to pay the rent
However it appears that in your case none of the above was done
Just because someone claiming to be the heir of the landlord appeared after 8 years, the tenant cannot be heard to say that since no one from the landlord's end came in the building to collect rent for the last 8 years, that's why the tenant didn't take any steps to pay the rent.
The obligation to pay rent is on the tenant. The landlord has got no legal obligation to go to the building and collect rent from his tenants
So I am afraid that in your case the judgment will be passed against the tenant for being in arrears of rent and for not taking any positive steps to tender the rent to the landlord to show the tenant's readiness and willingness to pay rent
If there was any doubt about the person claiming to be the heir of the landlord, the tenant ought to have deposited rent in court until such person produced an heirship certificate. This was not done.
So mostly likely the tenants will suffer an eviction decree
As regards the unauthorized construction, that too cannot be justified by saying that why only 4 tenants are targeted and why not others who have also made such unauthorized extensions and alternations.
If the tenant is in breach of the tenancy terms and Municipal law , he cannot be heard to say that he is entitled to commit such breach since others have committed it too
So on the ground of making unauthorized changes to the tenanted premises as well the tenant will suffer an eviction decree
I must inform you that prior to the filing of the suit the heir must have issued a statutory demand notice u/s 15. So the tenant has got 2 opportunities to pay the arrears of rent and avoid an eviction decree for the time being. One is when he tenders the rent to the landlord within the statutory period mentioned in the statutory demand notice and another is when the tenant deposits the rent in court within the set time limit after receiving court summons
Also you cannot take the plea that the claim of arrears of rent is barred by limitation since there are Bombay High Court judgments which have held that the tenant has to deposit the time barred rent claims as well to avoid eviction.
So your case appears to be quite weak
engage a lawyer to appear on your behalf
deposit rentals in court
file detailed reply
Dear Client,
I would like to inform you that,under the Pagdi system, you are being protected under the Maharashtra Rent Control Act, 1999. If the landlord's legal heir is demanding rent from you, he must prove first his legal ownership- succession certificate or legal heirship documents. You are entitled to ask for proof before paying rent.
Regarding the notice, you must appear at court. The legal successor may try to make a case of non-payment to make the case for eviction; but by proving that you are willing to pay once the legal ownership is clear, this will go in your favor. The charge of construction without permission (1+1) would be a valid ground to create a case under Section 16(1) of the Act if one includes that this was done without the appropriate permissions from BMC.
Since you are not alone and there are other tenants in the same situation, you can move this to court. Recommend getting a new lawyer to prepare for your case at the hearing on 23rd October. The court will then proceed to determine whether the landlord has satisfied his duties of establishing his ownership prior to ordering any eviction or back rent pay order.
Thank you. Hope this answers your query.
