Would like ask some questions with regards to 2 diff shops, 1 is Pagdi and 2nd is ownership.
Shop no 1 : We have a commercial shop in south Mumbai which is a pagdi shop, as per my understanding and as per law as well we are 2/3rd owners but majority of the rights are still with the landlord as per the law. Off lately there has been many complaints against the landlords and specifically for such landlord complaints a standing committee has been formed to deal with such matters. I would like to ask what is the purpose of such standing committees, is there any law or bill going to be passed that all the rights in the pagdi system will be given to tenants and not to the landlords? If this law would be introduced how much time do tenants have to wait for such acts to be passed?
Shop no 2 : This is a ownership show and being occupied illegally by some party, the case is going in small causes court and recently BMC had sent a notice to the illegal tenants stating that road cutting procedures will happen soon and a place will be allotted soon as the procedures start. In the court we are plaintiff and the defendants has paid us the nominal rent through court for the last 20 odd years after filling legal complaint against them, so this proves they are not the owners and they are just tenants. So in this case, the BMC asst commissioner says that nothing can be decided now and only after judgement the legal owners will be decided. But I need to ask that in court the defendants have agreed that they are tenants and suppose in future the allotment done by BMC due to road cutting procedure would go to the tenants or the legal owners as the case is still pending?
Asked 6 years ago in Property Law
Religion: Muslim
the shop no 1 being a Pagdi shop, it had a loft which was removed in 2013 and the landlord has taken rent till 2016 with the loft. Means excess rent was taken by us for 3+ years, and now as well we had sent legal notice that why you want rent in excess and not as per the law. The landlord doesn't have answer to this and they have denied the rent multiple times, last attempt was made last month via money order. When we had a buyer ready the landlord rejects the buyer stating that the buyer may do some unlawful business, as the buyer is more powerful in terms of money and many other things and the landlord states that whenever the buyer is ready we will settle the rent thing that time. In the meantime the landlord says that I am not asking for rent now than why are you worried about and also taunts that if you don't pay then they might file an eviction case as we dont have any business in that shop. This pagdi law is just in favour of the landlords, what to do now in such situation?
Asked 6 years ago