The landlord of a property may file an application for classification of the building under the nominated category in the BMC (Brihanmumbai Municipal Corporation). However, the classification of the building as C1 by BMC does not affect the tenant's rights or tenancy agreement in any way. The tenant's rights and obligations remain the same, regardless of the classification of the building.
Regarding the tenant's non-payment of rent, if the tenant has not paid rent for four years, the landlord may have the right to terminate the tenancy agreement or seek eviction of the tenant. However, this would depend on the specific terms of the tenancy agreement and the applicable laws. Under the Maharashtra Rent Control Act, if the tenant fails to pay rent for a period of six months, the landlord may seek eviction of the tenant. It is important to note that the eviction process must follow the legal procedures, and the landlord cannot evict the tenant without a court order.
The payment of maintenance by the tenant may not necessarily absolve the tenant of their obligation to pay rent, unless the tenancy agreement specifically provides for such an arrangement. If the tenant has not paid rent for a considerable period, the landlord may have the right to cancel the tenancy rights, but this would need to be done through legal means and following the applicable procedures.
It is recommended that you consult with a lawyer who specializes in property and tenancy law to understand your legal rights and options as a landlord or a tenant.