Harrasment by landlord by filing fake bogus case against us
rbishal
(Querist) 24 April 2015
This query is : Resolved
DEAR SIR,
WE ARE HAVING SHOP IN MUMBAI IN WHICH WE HAVE BEING CARRYING OUT SMALL BUSINESS OF TEA & SNACKS ITEMS FOR PAST 8 YEARS.
OUR LANDLORD HAS BEING CONSISTENTLY HARASSING US IN SEVERAL WAYS WITH THE WRONG INTENTION OF PERSONAL GAIN.
1. FIRST HE FORCIBLY BUILT AN WALL IN FRONT OF OUR SHOP LAST YEAR TO TROUBLE US, SO WE SHUT DOWN OUR BUSINESS & LEAVE OUT.
2. SECONDLY, HIS SERVANT ON HIS INSTRUCTION GATHERING GUNDAS AND CARRYING OUT BEER PARTY EVERY EVENING IN FRONT OF OUR SHOP, SO WE SHUT DOWN OUR BUSINESS & LEAVE OUT & WITH THE INTENTION OF TROUBLING US, WHEN WE COMPLAINED AGAINST THIS TO HIM HE IGNORED AND CONVERSELY THREATENED MY FATHER THAT IT IS HIS PRIVATE PROPERTY - HE AND HIS SERVANT CAN DO ANYTHING , DON'T DARE TO INTERFERE US ELSE I WILL TEACH YOU GOOD LESSON THROUGH HIS ADVOCATE - THEN HE STARTED SENDING LEGAL NOTICES THROUGH HIS ADVOCATE BLAMING US THAT WE ARE SHELTERING PEOPLE OF BAD CHARACTER IN THE PREMISES, SO VACATE THE PROPERTY. WE ALSO COMPLAINED AGAINST THIS IN BMC OFFICE BUT NO ACTION TAKEN, RATHER BMC OFFICERS SAID THAT SAYS THAT IT IS HIS OWN PRIVATE PROPERTY AND SUGGESTED THAT DON'T CONFLICT WITH YOUR LANDLORD, HE IS RICH MAN AND CAN DO ANYTHING.
EVEN SAME SUGGESTION GIVEN BY POLICE.
3. HE HAS BEEN FORCIBLY RECOVERING RENT MORE THEN THE AGREED AMOUNT FROM US, EVEN FOR HIS PERSONAL EXPENSES & FOR LAVISH LIFESTYLE, HE HAS BEEN THREATENING US & RECOVERING RENT FROM MY FATHER i.e INSTEAD OF RENT Rs.950/- HE IS RECOVERING Rs.2,500/- IN THE NAME OF WATER CHAGES, SECURITY CHARGES ETC.
HE HAVE STOPPED TAKING RENT FROM US AND BLAME US THAT WE DONT PAY RENT. WHEN WE TRIED TO DEPOSIT RENT IN COURT HE SENT NOTICE SAYING THAT THERE IS NO NEED TO DEPOSIT IN COURT, PAY IT TO HIM HE IS READY, BUT WHEN MY BROTHER WENT TO PAY HE REFUSED AND DEMANDED MORE MONEY.
AGAIN HE DOES NOT ALLOW US TO USE COMMON BATHROOM, THE KEY OF WHICH IS WITH HIM FOR THE PAST 8 YEARS.
SECURITY CHARGES RECOVERED FROM US IS FOR CAMERA INSTALLED OUTSIDE HIS PERSONAL FLAT AND NOT FOR TENANTS BENEFITS.
4. NOW 8 MONTHS BEFORE, HE FILED BOGUS CASE IN THE COURT OF SMALL CAUSE, MUMBAI ACCUSING US THAT WE HAD & HAVE SUB LET OUR SHOP TO OUR PAST SERVANT MR.A AND EARNING HUGE RENT FROM HIM BY BREACHING TERMS & CONDITIONS OF TENANCY AGREEMENT.
THE FACT IS THAT WE ARE RUNNING OUR SMALL BUSINESS, IN ORDER TO TROUBLE US HE LURED ONE OF OUR SERVANT MR.A AND ALLOWED TO OPEN AN TEA STALL IN-FRONT OF OUR SHOP WITH AN INTENTION OF PRODUCING MR.A (NOW HIS SERVANT) AS HIS WITNESS.
MR.A WAS OUR PAST SERVANT BUT 9 MONTHS BEFORE HE LEAVED THE JOB, THEN WE FOUND THAT HE IS EMPLOYED BY OUR LANDLORD.
MR A. ALONG WITH HIS RELATIVE AND LANDLORD'S OLD SERVANT IS RUNNING ILLEGAL TEA STALL WITH THE SUPPORT OF LANDLORD.
IT APPEARS THAT LANDLORD HAS BECOME HABITUAL OF EARNING MONEY BY HARASSING, FILING FAKE CASES IN COURT OF LAW.
HIS INTENTION IS TO FORCE MY FATHER TO SELL OUT THE PROPERTY BY ALL THIS.
MY FATHER, BROTHER PLEADED HIM NOT TO HARASS US BUT OF NO USE HE SAYS THAT HE IS RICH LANDLORD AND CAN DO ANYTHING, GIVE MONEY ELSE LOOSE EVERYTHING.
HE HAVE NO FEAR OF LAW & ORDER RATHER BY SPENDING MONEY ON HIS ADVOCATE HE CAN USE LAW AS A TOOL OF HARASSMENT.
HE HAS BEEN CONSISTENTLY THREATENING MY FATHER THAT YOU WILL LOOSE THE SHOP IN THIS SUIT, COURT WILL ORDER IN HIS FAVOUR BECAUSE HE IS RICH AND INFLUENTIAL MAN, SO BETTER SELL OUT YOUR SHOP AND GIVE ME HUGE TRANSFER FEE ELSE YOU WILL NOT GET EVEN SINGLE PAISE.
IS LAW SO MUCH BLIND THAT RICH PERSON CAN DO ANYTHING?
MY WHOLE FAMILY IS RUNNING UNDER DEPRESSION BECAUSE OF ALL THIS,
KINDLY HELP & SUGGEST WHAT SHOULD WE DO? WHERE TO COMPLAINT AND WHAT TO DO.
R.K Nanda
(Expert) 24 April 2015
query too long.
rbishal
(Querist) 24 April 2015
please refer to point 4 for ur suggestion all other is details
Rajendra K Goyal
(Expert) 24 April 2015
Consult a local lawyer and reply the notice received.
defend the case against your father regarding subletting.
Devajyoti Barman
(Expert) 24 April 2015
Since litathins is pending between you, to make a proper comment the relevant papers needs to be seen.
Yes, it would be better for you if you meet local lawyer with all papers.
Sudhir Kumar, Advocate
(Expert) 25 April 2015
Read.
Query is too long.
It indicates the following things :-
(I) your landlord wants to vacate the shop and you do not.
(II) He has to forcibly collect rent which means that had he been a gentleman you would not have even paid his rent.
(III) you want to use bathroom also and he is probably rightly resisting. You have not told whether agreement included the said bathroom. Your own version indicates that access to this bathroom was never allowed to you or your clients all through 8 years of tenancy.
(IV) you are aggrieved of paying a paltry rent of Rs 2500 (instead of doles of Rs 950) which includes water charges and security charges. You never said whether water is being used by you or not (you are a tea stall and water use will not be so low) and the this water use provided in the agreement.
(V) you have nowhere said that he sent goons to threaten you. You are aggrieved by opening of rival trade in front of your shop, which is a fully legal right of anyone including your landlord.
(VI) You are also aggrieved that you ex-servant (without /without support of your landlord) has now become rival trader.
(VII) You are aggrieved that he is rich man and having lavish life style and dub him as greedy whereas you are just paying Rs 2500/ per month that too for the using his shop and water (whereby you carry a trade) for which you want no rival.
( VIII) you also do not like him to use his other part of property the way he (or his servants allowed by him) enjoy.
(IX) You say that he is accepting the rent. It is not believable how can he stop you from depositing the same in court. It is also not clear what prevents you to send the same to him by MO or by DD through Regd mail (even if he refuses delivery to postman.
(X) you said that "HIS INTENTION IS TO FORCE MY FATHER TO SELL OUT THE PROPERTY " By the way which property you your father you are referring to. Have your family started believing the said shop to be your property.
(XI) You say "ALONG WITH HIS RELATIVE AND LANDLORD'S OLD SERVANT IS RUNNING ILLEGAL TEA STALL WITH THE SUPPORT OF LANDLORD" By the way how to you believe such shop to be illegal and your shop to be legal.
(XII) You are also aggrieved of his being rich.
(XIII) You said MY WHOLE FAMILY IS RUNNING UNDER DEPRESSION BECAUSE OF ALL THIS" I do not think so. Had your family been under depression you would have vacated the shop and shifted elsewhere.
(XIV) You have indicated that your past servant is going to be witness in subletting case. why cannot your lawyer cross-examine him effectively. It is sub-judice matter and no comments can be given without seeing all papers.
(XV) You asked WHERE TO COMPLAINT AND WHAT TO DO. You have so far not given any material worth actionable complaint against your landlord.
rbishal
(Querist) 25 April 2015
DEAR SUDHIR SIR,
THANKS FOR YOUR REPLY,
1. OUR SHOP WAS PURCHASED BY MY FATHER 8 YEARS AGO AND WAS REGISTERED UNDER MAHARASHTRA RENT CONTROL ACT
LANDLORD WANTS US TO SELL OUT THIS SHOP TO HIS FRIEND SO THAT HE CAN EARN HUGE TRANSFER FEE.
IS INDUCING AND THREATENING SOMEONE TO SELL OUT (TRANSFER) PROPERTY IS VALID?
2. AGAIN HE DIDN'T SENT GOONS BUT HE HIMSELF BEHAVE LIKE THAT WITH US ONLY TO DOMINATE WILL OF MY FATHER.
3. I AGREE THAT HE IS RICH MAN AND CAN HAVE LAVISH LIFESTYLE, BUT WHY SHOULD WE PAY FOR THAT. HE HAS BEEN RECOVERING RS.2500/-& MORE IN THE NAME OF WATER CHARGES, SECURITY ETC AND GIVE RENT RECEIPT OF ONLY RS.950/-
LEGAL RENT IS R.950/-(HIS ENTITLEMENT) BUT TAKING RS.2500/-
4. IT'S COMMON BATHROOM MEANT FOR ALL TENANTS, THEN WHY HE CHARGING FOR THAT?
5. I AM NOT AGGRIEVED BY RIVAL TRADER, ANYONE CAN START ANY BUSINESS - I AGREE BUT THAT TOO AT YOUR SHOP'S DOOR AND WITHOUT ANY LICENSE?
6. WE ARE HAVING OUR OWN WATER CONNECTION IN OUR SHOP TO RUN BUSINESS, SINCE IN ORDER TO TROUBLE US HE DON'T ALLOW TO USE OF COMMON WATER, THEN WHY HE IS CHARGING FOR THAT?WE ARE NOT USING HIS WATER CONNECTION.
7. ALL HARD EARNED MONEY AND SAVINGS OF MY FATHER WAS USED TO PURCHASE THIS SHOP, IS SHIFTING ELSEWHERE IS SO EASY? WHO WILL GIVE MONEY TO START NEW BUSINESS THAT LANDLORD OR ALL THAT GOONS.
8. BEER PARTY IS DONE BY HIS SERVANTS & GOONS IN FRONT OF OUR SHOP AND NOT IN HIS FLAT, AND THEN HE SENT NOTICE THAT WE ARE TROUBLING AND CAUSING TROUBLE TO ADJACENT NEIGHBOURS
9. I AM NOT AGGRIEVED THAT MY EX-SERVANT HAVE BECOME RIVAL TRADER, I AM AGGRIEVED THAT LANDLORD IS SUPPORTING HIM IN ORDER TO PRODUCE HIM AS WITNESS TO GIVE FALSE STATEMENT AGAINST US, IS IT VALID?
10. I AM NOT AGGRIEVED BY HIS RICHNESS, BUT AGGRIEVED THAT HE BEING RICH, IS CHARGING US WRONGLY AND FORCIBLY AND THREATENING US TO LOOSE THE SHOP BECAUSE HE IS RICH AND CAN DO ANYTHING WHETHER RIGHT OR WRONG.
THIS SHOP IS THE ONLY SOURCE OF BREAD FEEDING FOR MY FAMILY.
ajay sethi
(Expert) 25 April 2015
contest case on merits before small causes court
Sudhir Kumar, Advocate
(Expert) 25 April 2015
1. OUR SHOP WAS PURCHASED BY MY FATHER 8 YEARS AGO AND WAS REGISTERED UNDER MAHARASHTRA RENT CONTROL ACT
LANDLORD WANTS US TO SELL OUT THIS SHOP TO HIS FRIEND SO THAT HE CAN EARN HUGE TRANSFER FEE.
IS INDUCING AND THREATENING SOMEONE TO SELL OUT (TRANSFER) PROPERTY IS VALID?
Now you are saying that your father has purchased the shop.
So you have hidden this fact in original query. You perhaps belive that the ezperts of this forum are sarvagya astrologers.
This fact indicates that all your query is a bundle of lies. All along you maintained and still maintaining that he is landlord and you are paying rent. SO why it should at all believed that you are owner. If you are owner then why it should be believed that someone can charge rent from you. Then whjy do not you give a complaint in thana for hafta vasooli.
Sudhir Kumar, Advocate
(Expert) 25 April 2015
2. AGAIN HE DIDN'T SENT GOONS BUT HE HIMSELF BEHAVE LIKE THAT WITH US ONLY TO DOMINATE WILL OF MY FATHER.
If he is behaving like goon then why not complaint in Thana.
Sudhir Kumar, Advocate
(Expert) 25 April 2015
3. I AGREE THAT HE IS RICH MAN AND CAN HAVE LAVISH LIFESTYLE, BUT WHY SHOULD WE PAY FOR THAT. HE HAS BEEN RECOVERING RS.2500/-& MORE IN THE NAME OF WATER CHARGES, SECURITY ETC AND GIVE RENT RECEIPT OF ONLY RS.950/-
LEGAL RENT IS R.950/-(HIS ENTITLEMENT) BUT TAKING RS.2500/-
Please do not treat this forum as spokesperson of your landlord. We cannot reply whey he is charging Rs 2500 and giving receipt for 950.
You are not disclosing what was agreement.
Gain you are accepting that he is entitled only Rs 950 as rent that means you are accepting that you are not more than tenant. Tis refutes your claim that your father purchased the shop.
Please do not bluff this forum. It is in your interest to tel truth otherwise a wrong advise can be there based on wrong facts.
Sudhir Kumar, Advocate
(Expert) 25 April 2015
4. IT'S COMMON BATHROOM MEANT FOR ALL TENANTS, THEN WHY HE CHARGING FOR THAT?
Please do not treat this forum as spokesperson of your landlord. We cannot reply why he is charging rent for the bathrtoom.
Your stand is contradictory. On one side you say that use of bathroom is denied and on other side you say that he is charging rent. Yet you say that amount is charged for the water and security.
You are still hiding the facts what was the description of bathroom use in the agreement.
Please do not bluff this forum. It is in your interest to tell truth otherwise a wrong advise can be there based on wrong facts.
Sudhir Kumar, Advocate
(Expert) 25 April 2015
5. I AM NOT AGGRIEVED BY RIVAL TRADER, ANYONE CAN START ANY BUSINESS - I AGREE BUT THAT TOO AT YOUR SHOP'S DOOR AND WITHOUT ANY LICENSE?
You never said you have a license or not whether you are meeting the conditions. If he is sitting outside your shop have you complained to the Municipality.
Sudhir Kumar, Advocate
(Expert) 25 April 2015
6. WE ARE HAVING OUR OWN WATER CONNECTION IN OUR SHOP TO RUN BUSINESS, SINCE IN ORDER TO TROUBLE US HE DON'T ALLOW TO USE OF COMMON WATER, THEN WHY HE IS CHARGING FOR THAT?WE ARE NOT USING HIS WATER CONNECTION.
Now you are saying that you have a water connection shop.
So you have hidden this fact in original query. You perhaps believe that the experts of this forum are sarvagya astrologers.
Please do not treat this forum as spokesperson of your landlord. We cannot reply whey he is charging for water.
Sudhir Kumar, Advocate
(Expert) 25 April 2015
7. ALL HARD EARNED MONEY AND SAVINGS OF MY FATHER WAS USED TO PURCHASE THIS SHOP, IS SHIFTING ELSEWHERE IS SO EASY? WHO WILL GIVE MONEY TO START NEW BUSINESS THAT LANDLORD OR ALL THAT GOONS.
Please do not treat this forum as spokesperson of your landlord. We cannot who will give you money.
Again you say that your father purchased the shop. Please be clear what you want to say.
Sudhir Kumar, Advocate
(Expert) 25 April 2015
8. BEER PARTY IS DONE BY HIS SERVANTS & GOONS IN FRONT OF OUR SHOP AND NOT IN HIS FLAT, AND THEN HE SENT NOTICE THAT WE ARE TROUBLING AND CAUSING TROUBLE TO ADJACENT NEIGHBOURS
Why you did not report the matter to police then and there
Sudhir Kumar, Advocate
(Expert) 25 April 2015
9. I AM NOT AGGRIEVED THAT MY EX-SERVANT HAVE BECOME RIVAL TRADER, I AM AGGRIEVED THAT LANDLORD IS SUPPORTING HIM IN ORDER TO PRODUCE HIM AS WITNESS TO GIVE FALSE STATEMENT AGAINST US, IS IT VALID?
SO should a rich man not support a poor man to do the trade which he knows.
You are saying that he will be used as a witness to subletting charge.
If your father has purchased the shop then where is the question of subletting. The tenant-landlord relation never began.
What have you done to remove him from using public land.
Sudhir Kumar, Advocate
(Expert) 25 April 2015
10. I AM NOT AGGRIEVED BY HIS RICHNESS, BUT AGGRIEVED THAT HE BEING RICH, IS CHARGING US WRONGLY AND FORCIBLY AND THREATENING US TO LOOSE THE SHOP BECAUSE HE IS RICH AND CAN DO ANYTHING WHETHER RIGHT OR WRONG.
THIS SHOP IS THE ONLY SOURCE OF BREAD FEEDING FOR MY FAMILY.
You have something still to hide. A rich man should not be interested in ruining job of a petty tea shop worker. Whether he himself wants to sell tea there?
rbishal
(Querist) 25 April 2015
DEAR SUDHIR SIR,
I AM NOT LYING
MY ENGLISH IS NOT SO GOOD TO EXPLAIN ALL PROBLEM THATS WHY NOT ABLE TO GIVE DETAILS PROPERLY.
WE HAD PURCHASED THE SHOP 8 YEARS BEFORE UNDER MAHARASHTRA RENT CONTROL ACT, AND PAID HUGE AMOUNT OF TRANSFER FEE TO LANDLORD
WHAT ARE OUR RIGHTS?
8 YEARS PEHLE IS SHOP KO HUM LOGO NE KHARIDA THA AUR LANDLORD KO TRANSFER FEE DIYA THA, AGAR DUKAAN KA MALIK LANDLORD HAI TO HUM LOGO KA KYA HAK HAI AUR ITNA SAARA PAISA LANDLORD NE KIS BAAT KA LIYA THA?
MUJE YE LANDLORD SYSTEM SAMAJ NAHI AA RAHA, JAB LANDLORD HI OWNER HAI TO TENANT KYA HAK HAI AUR TENANT SE DUKAAN BEJNE KE NAAM PAR ITNA PAISA, REGISTERATION Q LIYA JATA HAI?
ZINDAGI BHAR KI KAMAI IS DUKAAN ME LAGA KAR BUSINESS SURU KIYA WITH ALL LICENCE, AUR AAJ LANDLORD DABAV BANA RAHA HAI KI TUM DUKAAN BEJKAR JAAOO IS LIYE USNE HAMARA DUKAAN KE DWAAR PAR PURANE NAUKAR SE TEA STALL KHULWA DIYA TAKEE HUM BEJ KAR CHALE JAYE
BMC ME COMPLAINT KIYA PAR KOI ACTION NAHI, PAISA KHAKAR SAB CHUP BAITE HAI
Sudhir Kumar, Advocate
(Expert) 25 April 2015
MY ENGLISH IS NOT SO GOOD TO EXPLAIN ALL PROBLEM
Take help of some english knowing person. do not leave things to our imagination.
Sudhir Kumar, Advocate
(Expert) 25 April 2015
MUJE YE LANDLORD SYSTEM SAMAJ NAHI AA RAHA,
pahale samajh lo phis apni problem bata sakte ho.
rbishal
(Querist) 25 April 2015
pahale samajh lo phis apni problem bata sakte ho.
SIR PLZ AAP HI BATAY KI LANDLORD SYSTEM (MAHRASHTRA RENT CONTROL ACT) ME KAUN MALIK HAI, AGAR LANDLORD MALIK HAI TO TENANT SE ITNA SAARA PAISA TRANSFER FEE AUR BEJNE KA NAAM PAR Q LIYE JAATA HAI
LACS OF RUPEES DENE KE BAAD TENANT KO KYA MILA, JAB LANDLORD HI OWNER HAI?
T. Kalaiselvan, Advocate
(Expert) 02 May 2015
If you are not interested in continuing tenancy better vacate and look for new place or fight it out through a lawyer, nobody here can give you solution for the day to day incidences/problems,
