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Pagdi Sysytem(landlord not taking the rent)

Querist : Anonymous (Querist) 06 June 2011 This query is : Resolved 
A house was taken on pagdi system in the year 1988 and converted to a shop. The tenant has rented the shop to someone.
As the road level is high, the shop is flooded with water during the rains. When the tenant went to request the landlord to carry the repair work of increasing the height of the roof the Landlord refused and when the tenant was ready to do the repair at his own expense the landlord demanded money and increase in rent to give the permission to carry on the repair work. The tenant refused to pay the demanded amount. When the tenant went to pay the monthly rent ,the landlord did not accept the rent saying that they will only accept the revised rent. As the landlord did not accept the rent,was not giving permission to raise the roof height, was not doing any kind of repair work, was demanding money and increase in rent ,the tenant stopped paying the rent, it is 7 years now. Now the road height has further gone up and the shop is flooded with water during the rains and the roof is very low and it almost hits the head. The landlord is still uncooperative and demands Rs. 70, 000/- and rent @ Rs. 600/- per month for the past 7 years. Should the tenant accept the landlords demand or can they do something about it. Please advice.
PALNITKAR V.V. (Expert) 06 June 2011
You are not supposed to comply with the exorbitant demand of rent. But at the same time the rent should not be too low. I believe that you are from Mumbai. You can imagine the rates of the prevailing rent in your area. Try to settle amicably. However, for repairs, you should give notice to the landlord asking him to carry out the tenantable repairs. If he does not,you can carry out the repairs and adjust the costs in rent. If landlord is not accepting rent, send it by MO/bank draft by RPAD. If you know his bank account, deposit it in bank.


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