Legal Rights of Elderly Tenant in Long-Term Pagdi Apartment Dispute

Question

► My mother-in-law has been living in a Pagdi apartment in Mumbai for over 50 years. Recently, the court issued a small ruling requiring her to vacate the apartment within two months. The case has been ongoing for nearly 40 years. During my late father-in-law’s lifetime, there was an agreement that the landlord would sell the apartment for ₹28,000. My father-in-law managed to pay 65% of the amount but could not pay the full sum. However, as per the agreement, he was allowed to continue staying in the apartment. The current petitioner, claiming to be the landlord, asserts that the previous owner sold the property to him, though he has failed to produce the original sale agreement. We are now in the process of filing an appeal. My question is, under the law, does my 85-year-old mother-in-law have any right or entitlement to this property, considering her long-term residence and the earlier agreement?

Answer 1

Dear Sir,

ile an Appeal (Regular Civil Appeal)

Under Section 96 CPC (if from decree) or Order 41 Rule 1 CPC.

Include stay petition under Order 41 Rule 5 CPC to stay the eviction order.

Answer 2

Hello,

Your query requires meticulous perusal of doucments. As because you say you are in the process of filing an appeal, That means you have lost the case already and an order has been passed which is not in your favour. In such an event, all the lower court records need to be perused. Only then can a solution or guidance can be arrived at.

I suggest you get in touch with OLQ and talk to me using their paid services.

Answer 3

Tenant always remain tenant and as such never become owner in respect of tenanted premises. Though pagdi system is prevailing but after all it is tenancy only. it seem that while taking on pagdi necessary documents were not get executed. As such no special right or entitlement to tenanted premises. Only appeal can be file against the order.

Legal Rights of Elderly Tenant in Long-Term Pagdi Apartment Dispute

3 Answers

ile an Appeal (Regular Civil Appeal)