Deny that any threats were given to landlord
2) it is necessary to peruse the said letters to advice further
i am a tenant in pagdi system building in Mumbai my landlord has filled a eviction suit for arrears of rent and bona-fide requirements. my father was original tenant. my father was served with a legal notice from landlord which my father had replied through his advocate. my father has given in writing to landlord to increase rent upto 10 percent per year. i am not a tenant by mistake I had also written a letter to landlord to prove they are landlord. now landlord has put that letter in court saying i am giving them threats can i deny that letters
Deny that any threats were given to landlord
2) it is necessary to peruse the said letters to advice further
You have already written a letter to the landlord without any relationship to him.
If your father was a landlord, only he has to handle this and since you are a third person to this dispute, any move initiated by you will be considered as an unnecessary act or even considered as a threatening act.
This may draw an adverse inference to the defence your father would be taking to the eviction suit filed by his landlord.
You cannot disclaim this letter especially if you have signed it and sent it to the landlord and it is in the possession of the landlord.
However it depends on how the landlord convinces the court about the so called threats posed by you through this letter.
If you are summoned by court then you can plead your innocence of the content for the reasons you may rely upon.
Clarify that your letter was a formality, not an admission of not being a tenant. File a Written Statement in the eviction suit asserting:
1. You are a legal heir and deemed tenant.
2. The arrears claim is false or exaggerated.
3. The eviction is malafide and not based on genuine requirement.
Dear Sir/Madam,
You have not mentioed as to whether the letter is hand written or typed. If the letter is hand written, it will be difficult to deny but if the letter is typed one, you may deny the same and put counter allegation of forging your signatures.
Yes, you can deny or clarify the contents of the letter in your written statement before the court.
Explain that the letter was not a threat, but a request for landlord proof due to legal uncertainty.
Mention your father was the original tenant, and you are a legal heir continuing tenancy under the pagdi system.
Clarify your intent was not malicious and submit any evidence showing peaceful possession and rent payment.
WHAT I UNDERSTOOD FROM YOUR QUERY AND MY ADVISE ACCORDINGLY:
Since your father was the original tenant and responded to the legal notice, your tenancy rights under the pagdi system (governed by the Maharashtra Rent Control Act, 1999) continue even after his death, provided you are a legal heir and have been residing in the premises with him as a family member. You can claim succession to tenancy and protect yourself from eviction, even if your name is not formally recorded as the tenant.
The letter you sent to the landlord asking them to prove ownership is not illegal or threatening in itself. You are legally entitled to know whether a person claiming rent or demanding eviction has valid title or authority. The landlord’s attempt to present your letter as a threat must be scrutinized by the court, and you have every right to deny any threatening intent and explain the purpose of your communication.
You should file a written statement (WS) in the eviction suit clearly stating:
You are the legal heir and successor to your father’s tenancy.
Your father already responded to the legal notice and expressed willingness to increase rent.
You only requested proof of ownership in good faith and not to harass or threaten the landlord.
The landlord is misrepresenting your letter, and you deny any malicious or threatening content.
If needed, you can even produce the full text of the letter in court and ask the court to read it in entirety, not based on selective extracts or claims.
The court will not decide based only on one letter. It will evaluate:
Your succession rights under the pagdi system,
Whether there are actual arrears of rent (especially if your father offered to increase the rent),
Whether the landlord’s claim of bona fide requirement is genuine, and
Whether the eviction is legally justified.
Make sure you continue paying or offering rent regularly, ideally through a money order or by keeping a written record, to avoid further allegations of default.
In case you need my assistance in the matter I can be contacted on
Regards,
YUGANSHU SHARMA
SYS LAW OFFICES
My father is the tenant of a godown which is used as carpentry workshop by me. My father due to age related issues cannot come to godown . He had earlier paid to rent to Co-owners who are sons of landlord and their names appear on rent receipts. Can I deny that they are not co-owner of property. Can I deny the title of suit that plaintiff are not co-owner of property and they have no rights to file the suit. My father had accepted to pay rent with yearly increase of rent by 8% and to pay additional repairs charges. My father has not paid rent for last 4 years. Landlord has filled an RAER suit .Will my father have to pay rent and repairs charges. Can court pass order to lay rent and repairs dues
1) you cannot deny that they are not co owners of property
2) you cannot object to their filing suit as they are co owners of property
3) your father should immediately deposit rent in court to avoid eviction
You cannot file a suit or deny their title because you are not the tenant.
At the same time they cannot maintain the suit if their father is alive and the property is owned by him.
If your father has defaulted in monthly rental payments he is liable to be evicted but the landlord alone can file a suit for eviction.
Denying the letter as threat – Yes, you can clarify in your court reply that the letter was not a threat but a genuine request to verify landlordship.
Co-owner title denial – You may dispute the plaintiffs' ownership, but if their names appear on rent receipts, it weakens your claim. The court may consider them as landlords in practice.
Non-payment of rent (4 years) – Yes, the court can order payment of pending rent and agreed repair charges, especially since your father accepted the terms in writing.
Dear Client,
The interpretation of the said letter by the land owner is one that can be detrimental in the proceedings lodged for recollecting the rent arrears. File a written statement in response to the eviction suit before the court, wherein you must specifically mention the content, context and objective of the letter, along with the response to the allegation of rent arrears. Emphasize the fact the impugned letter was merely a request to prove the ownership and was never meant as a threat.
I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
- If you are not a party in the said case/petition then you have no right to send the said letter to the landlord , however your father has right to challenge his ownership
- However, this letter will not create any trouble for you , as there is no threat except you are challenging his ownership on behalf of your father.
- Since, your father has accepted that he is a tenant , then it is necessary to pay the rent , otherwise the court can pass an eviction order.
Dear Sir/Madam,
You are suggested that you don't deny the facts which have been already admitted by your father. Go honestly and diligently to win the case. The unpaid portion of the rent and repair charges are required to given as per the trend or the rent already given by the father. it is better not to mislead the court and approach with clean hands.