Can you Pl discuss the order and reason cited in the order to guide you for proper action and directions to proceed with the matter.
I do not find much material available in your post to guide you on legal issues.
Mense profits
Sir/madam, Greetings for the day I am a tenant in a 100 year old paghdi system building in Mumbai, my landlord has filed a suit of eviction against me. Original landlord had given this property to me in year 1998 addressed me a letter that this premises is given for Commercial purposes. Landlord expired in 2002 he had 3 sons and 3 daughter. One of his son in law is arbitrator of his will. His 3rd number son has filed a suit of eviction for bonafied ground. He already has 5 flats in same building the electric bill of these 5 flats comes in his name .suit was decreed against me.appeal court has ordered me to pay Rs15000 per month which i am paying. NOW this landlord has filed another suit for Mense profits . OTHER LANDLORDS ARE COLLECTING BY WAY OF CHEQUE THE RENT AND ISSUING RENT RECEIPT. PLEASE give your advice on what will happen in both my case .will court consider rent been collected by other landlords
Asked 5 years ago in Property Law
Religion: Hindu
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15 Answers
On landlord demise his sons and daughters would be his legal heirs
2) in your defence take the plea that other legal heirs were collecting rent and issued rent receipt
3) act as per your lawyer advice
If you are paying the rent as per the appellate court order directly ton the landlord, then demand receipt from him.
If he is refusing to issue a receipt then you may pay the rent by cheque so that it will be evidence for paying the rent.
You stated he is demanding mesne profits and filed another suit.
As per CPC : The definition of the term 'mesne profits' under section 2(12) should be defined more accurately. The term mesne profit is defined as those profits which the person in wrongful possession of the actually received or might with the ordinary diligence have received therefrom.
Mesne profits are profits of land taken by a tenant in wrongful possession from the time that the wrongful possession commenced to the time of the trial of an action of ejectment brought against him.
mesne profits are associated with wrongful possession of immovable property. Mesne profits means those profits which the person in wrongful possession of such property might have ordinary received from such property together with interest thereon.
Since the landlord has file ther suit for mesne profits you may have to challenge the same on the basis of the documentary evidences as well as the rents paid to him by cheque.
You can discuss with your advocate and proceed as per circumstances prevailing.
1. Mesne profit is damages which the owner entitled to recover on account of unauthorised use of the tenanted property.
2. in your case the landlord was entailed to mesne profit if no rent is paid or possession of the tenant is foud tp have been without any authority of law.
3. Whether a landlord is entitled to mesne profit or not depends on respective merit of the case.
4. In your case since the landlord in his suit for eviction did not seek this relief then seeking this relief by filing subsequent suit is barred by Order 2 Rule 2 of CPC along with the principle of constructive res judicata as stated in section 11 of the CPC.
5. Hence you have the option of filing a petition for rejection of plaint under order 7 rule 11 cpc in te subsequent suit.
He is entitled for mense profit if you have not paid rent or deficit rent to the said person in your case. Rent your appeal will be decided on merits.
- After the death of landlord , his property would be devolved upon his legal heirs .
- It means that the third son has filed the suit for eviction on behalf of all other legal heirs. otherwise this case would not be maintainable legally.
- Further, if he is having three 5 flats in the same building , then the requirement of bonafide requirement not arise . hence you should show your requirement for the said tenanted premises. and his application should not be allowed , if you having the proof that he doesn't need the premises.
- Further , he has filed for mense profit , even you are paying the rent as per direction of appeal court , it means he wants to recover the arrears of rent of earlier period , and the amount after termination of tenancy.
- You should prove that you was in possession legally after paying the rent regularly and the landlord never issued rent receipt , and the landlord wanted the premises only to extort money from you , as he is not in need of the tenanted premise.
- Further you should file an application for the dismissal of his suit , as his suit is barred as per law.
Sir other legal heirs of the original landlord are not party to the suit .infact the person who has filed suit against me has filed cases on his brothers and sisters also. They are collecting rent from me every month by way of cheque and issueing rent receipts also for the same. Which i have produced in court the original landlord had infromed the BMC Office that the premises is given for office purposes. He has given me in writing on his letter head which i have submitted un court
Asked 5 years ago
Take out application for adding other legal heirs as party to the suit
If you pay the rent then you can take that stand. The issue will be decided on merits and in this case you can't be evicted if you regularly pay rent unless the standard grounds are not proved against you for eviction.
When you're tenant-owner as per the Maharashtra Rent Control Act, 1999 (Pagdi System) than how suit was decreed against you ?
Under the pagdi system, the tenant has certain rights over the property but not over the land. The tenant can even sub-let the premises or sell the property, by giving a share to the owner.
Here also you can pay by cheque and take rent receipts.
If you have all rent receipt or any proof last 40-50 years than they can't ask you to vacate the flat or property.
Need to review the WILL copy and your letter of 1998 and what type of letter landlord has given you all wording in it.
- As i mentioned above , without the consent of other legal heirs the case is not maintainable .
- You should move an application before the court for raising this issue and to dismiss the case.
- Further , as the said property is in use and occupation of you since last 21 years, then you should take benefit under the Maharashtra Rent Control Act, 1999 (Pagdi System) as well, i.e. you should not vacate the property.
What is exactly observed by the court in its operative orders in both the matter?
You have sufficient evidence to defend your interests.
You can very well challenge and contest the case properly.
You have strong evidence to defend your interests hence don't be frightened by his gimmicks.
When there are various co-owners/co-landlords, only one co-owner/co-landlord cannot terminate the tenancy for seeking possession of thetenanted property and/or mesne profits.
The death of the landlord will not end the tenancy. You need to be careful about this, as if you pay the rent to the wrong person you may have to pay it again. You may contact a lawyer in the local who practices in service law for further advises and suggestions to move on.
Yes court will consider the rent which is collected by other landlords and order them for payment of mense profits which is right of this landlord.
Eviction suit can be decided in your favour as you hold the property from very long time.
