My neighbors and I been living in our Pagdi houses for more than 30 years. In the year 2009, a realty developer took over the property from the original landlord.They never showed their face and when tried to contact they would refuse to meet or take rent. After many years, their lawyer has sent a notice that every tenant of the building has failed to pay rent which has increased since 2010 (no notification shared with us) also we've not paid tax which has to be paid every six months. Also, they have mentioned that we have leased our houses to someone else which is not true. We're always been staying there and never leased our houses There is no mention of come and pay, only mentioned that we have failed to pay so hand vacate and hand over the keys to the owner. This is a document sent by a high court lawyer and he has mentioned that if we don't vacate in 90 days then we will serve eviction notice against all the members of the building. There are nine buildings in the same area with more than 100 families under the same person. We're all expecting the notice since none of us have been able to pay the landlord. They are using a fraudulent claim that we never paid and using it to serve us an eviction notice. Really need some help here as there are hundreds of families that are going to be affected. How can we tackle this situation? Please provide us with the right steps
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1. you can challenge this notice before the local civil court on the ground that it is frivolous and vexatious. you can take stay order against eviction. thereafter he cannot evict you arbitrarily.
2. property is in your possession therefore he cannot evict you forcefully.
Send reply notice narrating the true things with regard to the rent issue . Also file injunction petition before the civil court against the forceful eviction. In Pagady system the only deviating factor is that the tenant becomes a part owner of the house and not of the land. This tenant continues to pay rent to the owner as long as he is not sub-renting the premises. Additionally, the tenant has the option to sell the said property while giving a percentage of the gross amount to the owner. This percentage varies from anywhere between 30-50%.
So not vacate the house and not handed over the possession .They could not forcefully evict the peoples living in the building
1) reply to legal notice
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2) mention that change of landlord was never intimated to you
3) send cheque for outstanding rents with covering letter
4)mention that increased rent was never communciated to you
5) deny that you leased house to third party
6) refuse to vacate the premises
7) in case any eviction suit is filed contest the eviction proceedings
Under this situation you should give a reply notice immediately denying the allegations.
In the reply you should mention that the owner refused to receive the rent despite you were trying to give it to him in person many times, hence you may provide the bank account details of your client to enable you to pay the rent with arrears or else the rent shall be deposited in the court directly.
This reply notice will take care of all the issues and also you may file a caveat before the concerned court so that the land lord is not trying to get an exparte order agaisnt you in this regard.
