Does imla malak has any right in slum declared area of slums
GIRISH KUMAR VISHWAKARMA
(Querist) 05 April 2021
This query is : Resolved
Dear expert,
I have a commercial shop in my fathers name in slums of malad mumbai Maharshtra since 1974.My father has recieved the patch card holder (by government of maharashtra) in 1976.One Mr. V sharma has showing his status as imla malak as per the property card implemented in 2003.
He is taking the exaggrated rent from the chawl tenents and from us also,now due to the corona,we are unable to pay the rent further,but still we issued a cheque of Rs. 3000/-in month of january 2021.
I have recieved a reply from collecter encrochment after RTI that the said area is slum declared in 1976.
Now Mr. Sharma has issued us a lawyers notice for the (exaggrated) rent or else to evict showing us a licensee and asking for the monthly compensations of Rs.250 per month also the accumalated amount .
I need your help for following,
1) what is the legal status of Mr. sharma for said chawl as per the property card showing him imla malak.
2) Does he has the right to collect the rent or compensation from the slum room occupier like us.
3) What is the meaning of slum declared status of the said slum as per collecters letter for the said property and benefits to us.
4) On what basis and content we can reply to him for the said notice.
5) What will be the future of Mr. sharma as the slum lord.
6) Can he evict us even after the proofs of the said slum rooms or shop.
Request you to please do guide us for the same so as to reply the lawyers notice.
Thank you,
T. Kalaiselvan, Advocate
(Expert) 28 May 2021
This involves local law and moreover there are no documents that you refer to claim your title or on what basis is the other person demanding or extorting money from you etc.
Your father had been giving money in the form of rent every moth for years/decades together, which clearly indicates that your father has accepted the title of the person dmaning the rent.
Now you say that due to covid you are not able to pay the rent.
In that case let him file an eviction suit before court , you can challenge his title before court especially when there is no rental agreement between your father and him and also your father had been residing in that property for more than 45 years.
You may also engage a prudent lawyer in the local and tackle the issue effectively.
