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Shoaib (Partner)     18 September 2013

Landlord asking to vacate

My father along with his business partner purchased a ground floor under pagdi system in 1988. No documents were written at that time. Now the partnership is dissolved and the said premises came under my father.  

Now the landlord is not accepting the rent since 2005.

We asked him and tried to pay the rent many times but he refused and asked us to vacate the premises.

A few days back the landlord deliberately got indulge in a fight with a employee of our's.

Though the fight was settled by neighbors and no FIR was registered.

Now he is not ready to settle the issue out of court  and threatening us of dire consequences.

We dont want to vacate the premises as we are earning our livelihood from this place.Moreover we had paid PAGDI of Rs.Two Lakh in 1988, now how can he ask to vacate without paying a penny.

Please advice what to do.



Learning

 3 Replies

shanmugam lakshmanan (senior)     18 September 2013

Dear client, Pagadi  is not acceptable in law and you cannot base your right on such unsustainable ground. From the facts stated by you it  seems that the landlord has received rent till 2004 and refuse to receive from 2005.  Why you have not taken steps to deposit the rent into the court for all these 8 years. If you are in arrears of agreed rent  you will  become wilfull defaulter. Under the present situation, you may take steps to deposit rent into the court.  You may also file  a suit of permanent Injunction against the landlord not to disposses you without due process of Law. Forget the pagady if you seek legal remedy. Get guidance from Advocates near to you.

T. Kalaiselvan, Advocate (Advocate)     18 September 2013

I agree with Mr. Shanmugam Lakshmanan. You may file a petition seeking injunction against the landlord from evicting you by force and other means other than by due process of law and also that try to deposit the entire arrears of rent with the Court(Rent controller) so that you do not stand accused as a wilful defaulter.  Pagadi is a mutual transaction which has got no legal recognition, hence you cannot claim it as a right.

Shoaib (Partner)     18 September 2013

Thanks very much Mr. Shanmugam and Mr. Kalaiselvan for your advice, i would be thankful to you if you suggest me any good Advocate or Lawyer in Delhi.  Please do let me know the real fact, do i have any legal right to claim some money to vacate the premises as in 1988 we paid Rs. Two Lakhs (70% to previous tenant and 30% to the owner.


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