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Unknown hiten   03 December 2024

Pagadi chawl system (sra development)

Hello,

We are the landlord (Imla Malik) of pagadi system chawl in mumbai. Recently few of our tenants under pagadi system has stopped paying us monthly rent which is near Rs. 100-200 monthly. They say that area is declared under Slum (SRA) so we will not be paying you rent. And they have sublet their room to someone else for which they take rent around 5k to 6k a month. So i wanted to know even if the area is declared slum so should tenenat stop paying rent ? Also can he sublet the room without landlords permission ? Please suggest. 



Learning

 5 Replies

Dr. J C Vashista (Advocate )     04 December 2024

Issue legal notice through a local prudent lawyer to vacat the premises by tenant on the above grounds followed by eviction proceeding.

Advocate Bhartesh goyal (advocate)     04 December 2024

No, tenant can't sublet premises without written permission of landlord .Issue notice and demand vacant possession of premises and if notice is not complied with then file eviction suit against him on ground of default in making payments of rent a d subletting. 

Unknown hiten   04 December 2024

Thanks for the reply, secondly if slum is declared so is there any rule that tenant can deny paying rent ?

T. Kalaiselvan, Advocate (Advocate)     04 December 2024

A tenant is liable to pay rent to the owner of a building in a slum area, unless the building is owned by the government, a local authority, or the Delhi Development Authority. The tenant must pay the rent as determined by the general law that controls rent in the area, or as specified in the Slum Areas (Improvement and Clearance) Act, 1956. 

The Slum Areas (Improvement and Clearance) Act, 1956 also states that a competent authority can't evict a tenant from a slum area without written permission. The Karnataka Slum Areas (Development) Act, 1973 also protects tenants in slum areas from eviction

P. Venu (Advocate)     04 December 2024

Any suggestion depend upon the rent law as well the extant policy of slum developemt as in force in your State. Anyhow, the tenant ought to continue to pay the rent, however nominal it may be.


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