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Ritesh Jain (Articled Clerk)     13 March 2012

Sale of premises deemed to belong to paghri tenants

Hi,

Mr. X is residing in a building which consists of paghri rooms. It is a 3 floor Building. There is a House Gully and a Meter Room on the ground Floor. 1 Building Store Room on the Mezanine Floor of the Building. The LandLord has sold the area of the Meter Room on the ground Floor and the Building Store Room on the Mezanine Floor of the Building to Mr. Y. Mr. Y has constructed illegal additional structure starting from the end of Meter Room to Half of the House Gully of the Building. Mr. Y has also given the Building Store Room on the Mezanine Floor to some Laundry person who is creating nuisance to the other occupants of the building. The ocupants had approached the Landlord in respect of the same , he said that he has sold it to them  as he has a right to sell the premises.

Mr. X would like to know the following :

1. Whether the Landlord is entitled to sell the premises belonging to the building. (It is no where mentioned that the premises are belonging to the building occupants but it is a genral premises constructed for the buiding occupants.

2. Whether the  occupants of the building write letters to the BMC /MHADA or any other authority for demoiltion of the same without their name appearing on the complaint.

3. Whether the BMC / MHADA can take any action in respect of the same.

4. Do the occupants of the building have any right over the said premises i.e the Meter Room, House Gully and the Mezanine Floor Store Room.

5.   Any other remedy or question which may have been missed by Mr. X but you may have come across as per your experience.

Regards.

Ritesh Jain   



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