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Need an expert's advice

(Querist) 04 June 2013 This query is : Resolved 
I am very simple and honest person. I am staying in a flat in Mumbai since last 10.11.2002 with my family. The Landlord (licensor) had made an unregistered leave and agreement, which was expired on 09.10.2003. He didn't renew the agreement further as he asked me to purchase the same flat in March 2004. I was also interested and asked him to proceed for bank loan and do the necessary formalities. Since his flat was mortgaged to his employer MTNL, he told me that instead of bank loan you pay me in next 5 years. The value he had asked 4.5 lakh. Once I asked for the sale agreement /at least MoU he asked me to keep trust on him as he will immediately stop taking rent and will not renew the leave and license agreement. Till 2009 I had paid total 4,23,750/= by cheque 3,23,750/= and by cash 1 lakh. After my repeated request of my last payment of 1 lakh by dd on 01.08.2009 he kept quite as saying don't worry as soon as my loan will complete i will register the flat on your name. All of sudden on 25.03.2012 he came with hired goondas and tried to throw out my everything from the flat and physically abused me. I made N.C with the nearest police station and filed a civil suit against him on 30.03.2012. As soon as hon'ble court was granted stay order he desperately threatened me with goondas and political persons as well as local police. At last once I took the help of hon'ble SP of our jurisdiction to prevent such activities he filed an eviction suit under MRCA 1999 act with the false and fabricated notice of revoke of license, which he had never sent to me but claimed in his case that he had sent the same by hand and it was refused by me. The first hearing date was 19.06.2012 before the Competent Authority, MRCA, Konkan Divn. Bandra and eviction order was served to me within one month i.e.on 24.07.12 by the competent authority with the direction of arrears of compensation Rs.3,72,000/= and fixed the rent @Rs.14,000/= per month from 01.05.2012 till I vacate the flat. I had filed my revision petition on 16.08.12 before the Hon'ble Addl. Commissioner, Konkan Divn. and the case is closed for Order on 07.05.2013 but the Order not yet received/known. In the mean time to base on the eviction order of MRCA Bandra on 18.04.13 the Hon'ble Civil Court has rejected my plea for stay order.

At this juncture my advocates are putting their best efforts. Also I need some expert advice too as we are spending sleepless nights.

With warm regards
Sumanta Banerjee
DEFENSE ADVOCATE.-firmaction@g (Expert) 04 June 2013
1) there seems to be many things wrong. Unregistered LL agreements have no validity under Mah rent control act.

2) When you got first stay from civil court at that time only you should have moved civil courts.

And after case of eviction you should have immediately moved HC since it was without jurisdiction .

2) Now since the matter is before competent authority under the RENT ACT so civil courts can not act.

3) After the order of the revision you can go the HC.
V R SHROFF (Expert) 04 June 2013
You have valid Payment Proof.

You cannot be dispossess without due process of Law.
As you lodged Police Complaints, you have strong case , and you are in possession for over 10 years , Court will consider it , So cannot evict you.
Nadeem Qureshi (Expert) 04 June 2013
agree with experts
DEFENSE ADVOCATE.-firmaction@g (Expert) 04 June 2013
Dear sir he has already missed the bus. eviction order is passed. See what he says=

The first hearing date was 19.06.2012 before the Competent Authority, MRCA, Konkan Divn. Bandra and eviction order was served to me within one month i.e.on 24.07.12 by the competent authority with the direction of arrears of compensation Rs.3,72,000/= and fixed the rent @Rs.14,000/= per month from 01.05.2012 till I vacate the flat.

DEFENSE ADVOCATE.-firmaction@g (Expert) 04 June 2013
1) He has not filed proper affidavit u/s 43 (4) -a to obtain leave to defense.

2) Very few persons are aware of such provisions and normally make applications for date.

3) So competent authority passed the order of eviction as per application of the landlord.

Now only alternative is go to HIGH COURT that the entire proceedings before competent authority were without jurisdiction.

R.K Nanda (Expert) 04 June 2013
agree with experts.
Raj Kumar Makkad (Expert) 05 June 2013
I do endorse the views of Advocate Defense.


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