• Tenant since 1992 in Juhu, Mumbai - need help

I am a tenant and i have rented the whole of the 1st Floor of a house since 1992 in juhu measuring to 400 sqft. and i have been paying a rent of Rs.300 per month ever since. I had back then also paid an amount Rs.5,00,000/- as deposit but have receipt of only Rs.1,25,000/- currently and i also have a legal agreement for the renting of the property. I also have the electricity and water bills on my name since then.

Since 1992 till date about 27 years. I am using the first floor execusley. The agreements has a clause that mentions:-
1. The tenant shall be entitled to sublet the said premises or any part thereof to any he likes and the landlord hereby gives his consent there too, and the landlord shall accept such sub-tenant to whom the said premises shall be sublet as his direct tenant.

2.There is an indemnity saying that if any objection raised the landlord has kept us indemnified that he will keep us protected from any suit, or proceedings or loss or thru anyone else claiming thru you.
This undertaking and indemnity shall be binding not only on the landlord as well as his heirs, executors, administrator but also on the assignee.

I have been paying the rents, electricity and water bills till date. But since 2012 i have built a another home of my own in malad, mumbai and i have be shuffling between juhu and malad. 

Now the landlord has sent me a notice thru the lawyer to return the juhu 1st floor house within 30days as he is in bad need of the said 1st floor for which i am using since 1992. From 2012 he has been refusing to accept the rent or even provide receipts for the same which was later resolved till 2015. 
 
Now from 2015 till date he has stopped taking the rent or issuing receipts. we have been sending the rent by registered post but till date it is always returned to the sender or declined to receive the rent.

All the repair works for civil, roof leakage, electrical, plumbing etc over the last 27 years have been undertaken and paid for by me. Even to execute the same he has refused to give permission many times and for which we have always send him letters of request by registered post.

Now my questions:

1. Can the landlord evict us out of the 1st floor house based on the about details?

2. Can we sublet the said house to another person even after having the permission for sublet taken in 1992 in the agreement? Because he has been refusing to allow us to do so since many years.

3. Is this considered as the pagdi system laws of mumbai.

Please help me out
Asked 11 months ago in Property Law from Mumbai, Maharashtra
Religion: Christian

1) under Maharashtra Rent Act 1999. The landlord have to show valid reason for what purpose he want the room.

2) Do not vacant the room keep somebody as mentioned by u that u can sublet.

3) Yes it is Pagdi but he has to go to the Smaa Causes Court. Pl. sent regular rent by register post. Thanks

Sharad K Rikhra
Advocate, Mumbai
7 Answers

Not rated

1) landlord can evict you if he requires premises for personal use

2) you are at liberty to sub let the house as per your agreement

3) your tenancy agreement is governed by provisions of Maharashtra rent control act

4) you have flat under pagdi system

Ajay Sethi
Advocate, Mumbai
61317 Answers
3721 Consultations

5.0 on 5.0

This is my response to you:

1. Can the landlord evict us out of the 1st floor house based on the about details?

Answer: Yes the landlord can evict you as per the procedure established by law;

2. Can we sublet the said house to another person even after having the permission for sublet taken in 1992 in the agreement? Because he has been refusing to allow us to do so since many years.

Answer: If the agreement says so then you can sub-let the premises;

3. Is this considered as the pagdi system laws of mumbai.

Answer: Yes it can fit as pagdi system since you are paying a minimal rent of Rs.300/-

This is my response to you:

1. You should have deposited the rent in the court if he does not accept it;

2. You can also sub-let the premises since it is mentioned in the agreement;

3. Is the agreement registered? What is the period this Agreement is made for?

4. As per section 14 of the Maharashtra Rent Control Act, 1999 it is Landlords' duty to keep premises in good repair;

5. Also section 15 says that no ejectment can be made by landlord when tenant pays or is ready and willing to pay

standard rent and permitted increases;

6. You can further read the Act herein: https://housing.maharashtra.gov.in/Sitemap/housing/pdf/actsrules/THE_MAHARASHTRA_RENT_CONTROL_ACT.pdf

Gowaal Padavi
Advocate, Mumbai
1629 Answers
2 Consultations

5.0 on 5.0

1. The land lord can file an eviction suit against you and he has good grounds in his favour like your having constructed/purchased a new accommodation/flat/house.

2. You have been allowed by the land lord to sub-let the tenanted premises as per the agreement you have entered in to with the land lord.

3. It appears to be as per Pagdi system but as per document you have paid Rs.1.25,000/- only toeards advance/deposit.

Krishna Kishore Ganguly
Advocate, Kolkata
21771 Answers
564 Consultations

5.0 on 5.0

1. The landlord cannot evict you on his own. He has ro follow due process of law by filing an eviction petition.

2. Actually your rental agreement is invalid at this stage since it has not been renewed hence whatever action proposed for subletting the rented premises may backfire and you may be forced to vacate the premises on this grounds alone. So dont take any risk on that at this stage.

3. There is no law governing pagdi system.

Moreover your situation may not come under pagdi system.

T Kalaiselvan
Advocate, Vellore
51430 Answers
612 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer