Facts of the Case / Matter
There are 26 Occupants living in a Trust Building since 1985 which is managed by Public Trust. Initially, the rooms were given for only 3 months for a small compensation of Rs 50 per month. After 3 months, the trustees did non vacate the rooms & allowed the Occupants to continue to live there (It is presumed that the trustees at that time took some cash consideration without issuing any receipt)& also allowed the Occupants to take separate electricity, telephone connection , Ration Card etc. in their own names. At the time of allotting room in the year prior to 1985, the trustees just took an application form containing the terms & conditions including that “Occupants would vacate the rooms within 3 months”.
Now suddenly in June, 2014, the trustees have issued notice to all the Occupants of the said building to vacate the rooms and handover the possession to them. In their notice, the trustees have mentioned that the rooms have been allotted to occupants prior to 1985 on “Leave & License” basis & now they are terminating the said “Leave & License Agreement”.
Now Please guide on the following queries:-
Q.1 whether after a period of 30 years, are trustees eligible to get the repossession of their rooms from occupants? Whether Occupants are treated as Tenants?
Q.2 Can the “Simple form – Unstamped & Unregistered” given by the occupants prior to 1985 in favor of the trust (As mentioned above) amount to “Leave & License Agreement”? If yes, then what will be the implications in the court of Law? Whether the said “Simple form – Unstamped & Unregistered “is admissible evidence in the court of law? What was the legal documents required in that period? Whether compulsory registration or any stamp duty was payable? Whether period of 11 months was restricted?
Q.3 As per Property & Bombay Rent Act amendment of 1999, it is clearly mentioned that all agreement of Leave & License, Tenancy & Lease must be properly stamped & Registered otherwise it has no evidence value & there is Simple imprisonment of 3 months to the Licensor, land Lord or Lessor as the case may be. Is the above Provision applicable in the present case? Is the said clause of the said Act applicable retrospectively?
Q4.What are the other grounds available to the Occupants to defend themselves? Eg. Adverse Possession, Deemed Tenancy, Unregistered Leave & License Agreement etc
Q.5 Also the trustees are not repairing the said building premises nor allowing occupants to get it repaired. Are the trustees liable to be prosecuted under criminal law for mismanagement of the trust property and misappropriation of the trust fund? In fact trustee’s intention is to redevelop the said building after getting vacant possession from the said 26 occupants.
Q.6 Whether Bombay Rent Control Act is applicable to the Trust Properties?
We solicit your valuable opinions on the above issues for safeguarding 26 poor families who are residing in the said trust building since more than 30 years.
