I understand that this rule has been framed for uniform application to all tenants of waqf properties. A waqf property (building) situated at Jodhpur has 10 shops at ground floor and 4 flats at first floor .I am a tenant residing in a flat for the last 46 years tenancy of other are 10 to 40 years. We all used to pay rent as agreed between WB and us increasing rent every year by 5%and or otherwise agreed. No dispute whatsoever was raised by the WB during my 46 years old .Suddely in July 2019 WB asked me to increase the present rent of Rs 3430/pm to 14300/pm with reference to the section 7(1&2) of The waqf property lease rule 2014.This legal notice is served to me only .The waqf board is accepting rent from all other tenant (13) as usawal .Can I approach any appropriate court agaisnt this descrimination.
Rule 7 is related to fresh bid and fixation of reserve price not less than referred to in rules. You are in continuous tenancy and any increase less than 5% and more than contains in lease deed is illegal.
Since, matter is related to waqf property, civil court has no jurisdiction, have to approach waqf board. Notice is in violation of lease agreement.
the lease price for lease of wakf property should be minimum 5 per cent of market value of property as per circle rate
2) if market value of property is high then wakf board can demand increase in lease rentals
3) contact a lawyer and reply to legal notice
As per present act rent can be increase at least 5% to 10% after intervel. But in no way it is increase 10 Times. But if the amount is so low as per the present area, then Court may increase rent and directed you to pay as per present market rate of Rent in your area.
I am already paying rent more than the minimum reserved rent arrived at by calculating present market value of the property as mentioned in rule 7 of The waqf property lease rule. The other 13 tenants of the same building (same land load and approximately same period of tenancy )are paying less than this. Can it be quoted as an example for prevailing market rate of rent before waqf rent control tribunal during proceedings?
If you quote market rate than it will far higher and confuse the issue, better rest your case to indiscriminatation and increase in rent contrary to lease term.
the market value is price fixed for registering sale deed at sub registrar office
2) as per wakf rules rentals should be atleast 2 per cent of market value of property as amended
3) rentals paid by other tenants cannot be regarded as example of market rate of rent if given on rent years back
You can challenge the same in writ petition in high court
You can approach special court for wakf board cases or the rent controller court with an injunction suit against the wakf board restraining them from indulging in such discriminatory activities against you and to charge you the agreed rate of rent with an enhancement of 5% annually as per the conditions of the lease.
Let them challenge your suit which can be prosecuted on merits and as per provisions of law.
You can very well claim the rent is being paid as per the prevailing market rate only, if necessary you may ask the court to fix the rent as per fair rent fixation, by filing an application for fixing fair rent.
Discuss with your advocate on all such further issues and proceed on the suggestions made.
Yes you can approach the court having jurisdiction to try the cases related to waqf board.
The rent of other tenants cannot be used as reference for current market price for rentals.
