rocky alive 20 June 2023

Landlord - pagdi building

Sir , we are landlord of small building with 10 Pagdi tenants . Our building is demolished under C1. Now it's just plot . BMC has issued area certificate to all tenants . Now assessment department has increased my property tax due to vacant plot. And tenants have stopped monthly rent as soon as they were asked to vacate . They sold all door window , taps and pipes to local Bhangarwala and kept the money . As landlord I had to pay for demolition , for debris removal , barricading with Patra . Now I have to pay all taxes of plot . What is the rule ? Can I charge tenant for rent ? Because they are protected tenant and will get rehab . So till that time all expenses are on my head . Please advise .

kumar .

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3 Replies

Real Soul.... (LEGAL) 20 June 2023

If they no longer use your premises then you cannot claim for rents. If they sold your property as you mentioned doors and all that , you should send them legal notice for payments and the you can file a common suit for recovery

kavksatyanarayana (subregistrar/supdt.(retired)) 20 June 2023

Yes. Agreed with the advice of the above expert.

T. Kalaiselvan, Advocate (Advocate) 21 June 2023

In the Pagdi system, the only differentiating element is that the tenant becomes a part-owner of the premises and not of the land. This tenant continues to pay rent to the owner as long as he/she is not sub-renting the premises.

It is a legalized form of tenancy under the provisions of the Maharashtra Rent Control Act, 1999.

However, the tenant can be a co-owner of the premises but not of the land. So, there is no satisfaction of being the owner of the property.

There have been a lot of grievances and disputes coming from landlords and tenants, who followed the Pagdi system and despite the legislative intervention the government has not been able to fix the issues and squarely refine and regulate this system.

But this will bnot stop the tenant to pay the rent nor the landlord to stop demanding the rent.