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krunal (Engineer)     13 May 2012

Regarding pagdi system

Hi Experts

Please help me in this case of mine. We own a shop which we decided to give on rent in 2006 due to financial difficulties in my family. The mistake we made was not to have any Agreement done with the other party. We made the mistake of trusting the other party and gave them on rent. Now when we want to vacate our shop from the person we are unable to do so. In fact he had filed a false case against us stating that we had given him the shop on pagdi system and hence we cannot tell him to vacate it. Please Honourable Advocates please help as we want to have him thrown out from our property premises since he is trying to grasp our property. Please help me. We have not given him anything to prove that we gave him on Pagdi. How can he claim the same. What proof would he require in front of the court to prove his case??  Please also tell me whether it is legaly possible to throw anyone out in Pagdi system. It should be possible, because this problem can arise with many middle class landlords who fail to make legal Leave and License Agreement.

Please help 

Thanks 



Learning

 7 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     15 May 2012

you should have executed LL Agr & registered it. 

 

At present you have no proof that Shop was given for limited period. 

we want to have him thrown out from our property premises

 

U CANNOT DO SO WITHOUT GOING THRU DUE PROCESS OF LAW. 


S Jadhav 98336 98330 (Jadhav & Associates)     15 May 2012

Mr. Shroff has suggested the only way out - by due process of law.

In a society where laws have to be followed, those who follow the law will be protected, but if both parties do not follow the law then it becomes complex.

Rajiv Nayak (Proprietor)     22 May 2012

Dear Experts,

I am styaing in a Pagdi System Building in bombay. I have bought a room and have been staying there for 7 months now. The lanlord is not taking rent from past month saying that there are some repairing charges that the tenant before me has not paid and is now asking me to pay the sum. Is it that i ll have to pay the building repairing charges when the building was repaired when i wasnt even staying here, kindly let me know. And one last question i have a dog as a pet at home he is very loving and friendly and is always kept indoors would it illegal to keep a pet in pagdi system building.

S Jadhav 98336 98330 (Jadhav & Associates)     23 May 2012

If the repair charges are not unreasonable, please pay. Also, before you purchased the room on pagdi basis, did you talk to tje landlord and confirm whether there were any dues pending. Ig there is a written document with you stating that there were no dues then maybe you can refuse to pay but I dont feel you may have such a document.

It is better to resolve the issues with your landlords and enjoy your stay then have daily worries due to bad relations.

You can keep the pet as long as it does not create a nuisance to any one else. If someone complains about it, then the landlord may ask you to remove the pet. But if it is normally indoors and does not trouble others, there is no reason for a complaint.

S Jadhav

Rajiv Nayak (Proprietor)     23 May 2012

Dear Jadhav Sir, the old tenant had given a cheque to the landlord at the time of registration for clearing the dues. The landlord did not deposit the cheque then and now when he deposited it the cheque bounced. Now he is saying you will have to pay the dues. 

S Jadhav 98336 98330 (Jadhav & Associates)     23 May 2012

You may be right that it was the landlord's fault to have put the cheque for clearing in time and if he has delayed it and the cheque bounced then he should file a case against the earlier tenant under sec.198 of the NIA.

However, he is taking the easier route of getting his money back from you though you are not concerned about this issue. You may be able to help him get the money from the earlier tenant if you have some relation with him.

As I suggested, you may be correct but decide on the basis of your relations. By the way how much is the amount involved ? you may mention some number ot get an idea.

Sometimes fighting for a right may be impractical as the efforts you have to take are much larger than the benefits you may receive. Please do the cost-benfit analysis.

S Jadhav

Tripti Nagwekar (Owner)     31 August 2012

Pay the amount demanded by the landlord, otherwise you would be in trouble.


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