trailer of my story as tenant and as landlords......Alok Tholiya...

trailer of my story as tenant and as landlords......Alok Tholiya...

When my parents came to Mumbai they became tenant first in Borivali, then in santacruz West and then in Bulsuroys colony Santacruz East. Finally they came in present buildings in around 1950 and my family lives here since then. Each time they found a more suitable place they handed over the earlier place to landlords. They always remained obliged and indebted to landlords who provided shelter to the migrants without any shade over head. No relative or friend was willing to keep them or provide any shelter for more then few days but the shelter providers the landlords. In the meanwhile my father also got allotment of a tenement in Unnat nagar ,Goregaon.My MAHADA grandfather had by then started his shop in Santacruz east in Saburi building ( then known as Dias building). He refused to shift. My father was offered on (black) money for illegally selling that quarter in Unnat nagar built by MAHADA. But he said what about hundreds of applicants waiting in queue for a roof over head. And as his principle was he surrendered the accommodation back to Maharashtra Housing board. And even renting out option since was illegal he did not encash same. In 1978 the landlord of Devi Asha building ( now known as Tholiya Bhavan ) wanted to get rid off the building as was a big headache as being a absentee landlord was not able to protect same and tenants started encroaching, carrying out illegal changes, some stopped paying rent and some filed cases for repairs ( which was not affordable as two and half decade before rents were frozen and so on. Poor fellow got tired and decided to sell. At that time we were the biggest tenant having more rooms in tenancy decided to purchase same from landlords as were aware that if v do not buy then new buyer if wants to remove us then v will be in soup. Better v buy. Since 1978 till today v maintain the building though v receive old rent which is as low as rs 30/- per month. The tenant Purohit having more than 5 cars and crores of rupees assets and keeping room unused and locked did not vacate. I filed my first suit of eviction against any tenant and that was on Purohit in 2004 which is now in high court appealing against decree.Shamelessly sticking to this one room not of use to him as he has migrated to Jaipur. Appeal court gave mesne profit as only Rs 1000/- for a room with attached kitchen and toilet and bathroom. It will be too long to give facts how his father was ruined while trying to make a film Subah ki manzil and my parents took care of him and his family. But this purohit for his bad habits and greed and lust joined hands with our sworn enemy , a drunkard, ever using filthy language, accusing and alleging worst ( finally I filed a defamation suit) . This purohits claimed in court that his daughters r now using the room. But actually were coming here for showing claim on room and had taken a flat on leave and licence @ 28600/- per month in near by locality. I can prove this fact.While still paying Rs 1000/- in court for a my room. Then they started parking a car in compound without permission and without paying a penny . I can narrate many more doings of some tenants. And there were many good tenants too. And only we still enjoy good relations and exchange of cordiality ( like going to each other on all sukh dukh occasions. These good tenants Shri R N Goyal, Shri N M Thakar , Smt Amrit Arora and their family have full contacts with us but none with mischievous tenants like Purohit and others. But it is important to tell here that all these three tenants left voluntarily our building but I had to pay the fair market price to them . As I hv told I can go on as it is a history of 6 to 7 decades and 2 buildings and multiple families but for want of time will give u one more instance. My father was a practising Cost accountant and in 1965 or so he started his practice from the office of Shri Shyam sunder ji Dharnidharka. He used this place as his office ( Tholiya and associates , Cost accountants, Room no. 76, Bombay Mutual Building, P M Rd., Fort , Mumbai 40001). He had there his shops and establishments, phones and all other proofs like bank account and so on of over 45 years. He ( my beloved father ) expired in 2011 and he had used this office genuinely full time for decades. But I vacated this office on 14 th day post his death ( after terevan) where as I had hundreds of proof to stick to that office as even world thought that this was my dad's office. But my heart and concious said it was great affection and love and relations with which great Dharnidharka family gave us their prestigious place in FORT / FOUNtAIN and in return I can't give them hell ( by making them run to police and court) and trying to misuse the present system. So I am grateful to all those who have done good to me and my family but I am specially thankful to my shelter providers ( called landlords) for giving my family a decent living space a and space to earn living or else my parents too would have been living in shanties and would have been earning by doing some business on roads and footpath. You will find that due to this draconian non visionary rent act thousands of advocates,doctors etc a sophisticated professionals besides millions of others doing their works from huts and shades illegally built as rental housing industry has been killed. The media and few few devilish tenants and landlords have given such bad picture of landlords that one forgets that first decent shade over their head in city like Mumbai was given to them by none other then landlords. Atleast I will remain indebted to our landlords the Dias family a very gentle and pious goan christians , the Brigadier General Umrao singh and Shri Dharnidharka family. May god bless these landlords and teach lesson to treacherous ones. As I am not a biased person I feel for and support all poor and incapable tenants but call upon rich and mighty tenants to have fair and honest look at your past and pay back to landlords who ensured that your parents are not sleeping on platforms and footpaths but in a room built with hard earned money of family of landlords.

Federation of Retail Traders Welfare Association ( FRTWA)......or unjust traders asso????

Bhaskar Prabhu shared Viren Shah's photo.

19 hrs · 

Viren Shah

Dear Tenants,
As you all know that Honourable Chief Minister have decided to withdraw 'Un reasonable' Draft of Rent Act page from Housing Policy.

FRTWA along with Action Committee for Protection of Tenants Rights have decided to felicitate all party Leaders and Mumbai President of BJP Shri Ashish Shelar and his team for their efforts to draw CM's Attention of such unduly Landlord developer favourable draft where unreasonable power given to landlord to charge Rent at market Price in spite of several times 'Pagree' taken at market rate in last more then 50 years.
Good news is that CM and Housing Minister decided to withdraw the draft due to large protest of tenants started from Colaba.

Viren shah
President
Federation of Retail Traders Welfare Association ( FRTWA)

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  Prakash Ganatra Good for tenants.

  Like · Reply · 5 hrs
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  Alok Tholiya nothing can b good if it is blood soaked and fully selfishness and cowardly. Can participate in any debate on rent control.

  Like · 37 mins
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  Alok Tholiya who is this Viren Shah??? Is he a Jain???? And if yes then does he know teachings of Mahavir Bhagwan.

  Like · 25 mins
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  Alok Tholiya Bhaskar ji, U r a great activist. Let us all come above pure self interest and care for others too wherever possible. I am openly inviting all of u the Tenants cause Messiah to visit my both building and judge for yourself : R there rich tenants and yet not paying Rent of Rs 125/- pm for 5 rooms. 2. Trespassers raping property but paying nothing and running commercial activities. 3. Illegally parking cars inside for free. 4. Illegal constructions. 5 Not using , keeping rooms underlock. 5. ......I can go on. And same tenant pay in lacs to advocates , file false cases claiming extra rights and then dragging the matter in court by purchasing......For any man with heart and atma does it look fair????? Be honest???? same tenants pay Rs 500/- for TV cable, new rate of petrol, vegetables, milk and so on. My tenant paid lacs of Rs for admission of daughters in management collage, gave them car ( he has several cars in Jaipur) but his advocate D C Mehta said in a appeal court that his client is a poor person and can't pay high mesne profit so same be fixed at Rs 500/- pm.. And court in his pocket passed an order of mesne profit to be Rs 1000/- . That too he did not deposit in time to delay the matter and asked for condoning delay in depositing rent in court. Where as it is in the court records admitted fact that he travels several time to US and other countries as he is a very big gems and jewellery exporter. And your Viren Shah and others are protecting such tenants. Find the fees of Ad Amin Nathani. And my tenant has hired him for last 24 years who specially comes from princess street to Bandra court for her. And she claims mercy on age and financial capacity. She is my tenant, she is a tenants of one Jariwala bungalow and of huge estate of Wadia trust. Still I hv no issues on that. But same lady has claimed exclusive right to terrace and without any supporting documents got injunction against me and now case is not even moved an inch. She can spend lacs on advocate but can not on maintaining the property and all her tenanted property are in falling condition. I am writing with names so let anyone file contempt, defamation if I am wrong.

  Like · 6 mins
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  Alok Tholiya Bhaskar ji all landlords are not bad and all tenants are not good. Nither all landlords are rich and nor all tenants are poor. I had to sell plot of land in Kandivali to sustain but not asked a penny more from tenants but they don't even pay water they drink. Millionaire Purohit has not paid for water. My three tenants and one trespasser have taken market rate as compensation ( in lacs) for surrendering their tenanted rooms. They wanted to go as they had bought either huge apartments or had shifted and these rooms were of no use to them. They took money in return while they had not paid any pugree. So pugree is a crime but taking pugree for vacating out of your own need is a obligation to landlord? Double standard........shame....

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  Alok Tholiya I Had an impression that our CM is a man of principles and ethics.But he is a gira hua unethical and sold out for votes soul. Even I do not expect good tenants to be removed or charged at market rate. But he did not hv courage to ask the tenants reps to even ask is it ethical to pay Rs 30/- pm for a room? He could hv asked what can be reasonable acceptable ??? Can't tenants pay atleast something more ??????? And those who move in posh cars and hv huge bank balance and multiple business interests. By seeing voters in large nos. he has loosened his pent as for money ......who does????? cant he call for joint meetings??? Cat he call for fair assessment. The proposed amendment was little too harsh but a midway was possible but is possible for a statesman and not for cowardly cheap vote seekers.

  Like · Reply · 31 mins

http://timesofindia.indiatimes.com/city/nagpur/Tenant-not-paying-rent-liable-to-hand-over-property-HC/articleshow/18665719.cms

Tenant not paying rent liable to hand over property: HC

Vaibhav Ganjapure, TNN | Feb 25, 2013, 01.45AM IST

NAGPUR: Coming to rescue of a Bhaldarpura land lady who was allegedly harassed by her tenant not paying the rent arrears, Nagpur bench of Bombay high court has ruled that the tenant was liable to hand over the property if he failed to deposit the admitted rent as per Section 15 of the Maharashtra Rent Control Act, 1999. The petition came up for hearing before the single-judge bench of Justice Vasanti Naik.

Petitioner Fehmeeda Begum issued a notice under Section 15 of the Maharashtra Rent Control Act to Abdul Hafiz seeking the arrears of rent from November 1, 2002, to October 31, 2005. She demanded arrears at Rs 450 month, but Hafiz failed to respond. She then filed a civil suit in the trial court seeking arrears as well as possession of rented property. Though the court asked the tenant to pay the arrears, it rejected her claim for possession of property.

Hafiz then moved the first appellate court challenging this judgment and Fehmeeda filed a cross appeal. However, the appellate court ruled in tenant's favour on March 22 last year holding that notice issued by landlady as per Section 15 of the Act was bad in law as she had sought the arrears at Rs 450 per month when the agreed amount was Rs 200.

She then knocked high court doors contending that even the admitted rent was not paid by the tenant within 90 days from the receipt of notice as per Act or from date of receiving suit summons. She argued that the respondent had an option to even pay the arrears of admitted rent of Rs 200 per month but he failed to do so.

The respondent demanded dismissal of petition stating that notice under Section 15 was not issued according to law and the case seeking recovery of property's possession on the ground of non-payment of rent was not maintainable on the basis of such a notice. The issue before the court was to determine whether the notice under Section 15, demanding higher rent than agreed between both parties was bad in law or whether the notice would be valid and the tenant would be required to pay the rent arrears within 90 days from the receipt of the notice or the suit summons.

After hearing arguments from both sides and perusing different judgments of similar cases, Justice Naik observed that the appellate court was not justified in reversing the decree passed by the trial court in favour of the landlady.

http://indiankanoon.org/doc/1459144/

Landlord and Tenant board in Canada ....can't v hv board in similar lines ????

The indian rent act ( and even most other acts ) are such that they leave ample opportunity for controversies and finally you have to approach lawyers. LAWYERS are such that they incite you to file multiple and even often false serious cases on other party. With the result small misunderstandings become huge disputes dragging in courts for decades. With the result NEITHER tenants nor landlords are happy and none are harmony able to enjoy their owned or rented property. And advocates become millionaires. 

We must create a board for TENANTS and landlords for ensuring peace and harmony between landlords and tenants. .......But who frams law in India ? Advocates or BUREAUCRATS   and both are having vested interests and they want confusing non clear laws ............May curse fall on all those responsible for INHUMAN conditions of litigants. ...........No one tells you this except Alok.......for the first time in india Alok tholiya demands formation of board in the lines of canada and other countries not in the hands of criminals. .......Alok Tholiya 

http://www.ltb.gov.on.ca/en/Key_Information/STEL02_111462.html

ABOUT THE BOARD AND THE RESIDENTIAL TENANCIES ACT

What does the Landlord and Tenant Board do?

The Landlord and Tenant Board (the Board administers the Residential Tenancies Act, 2006 (the Act).  This law sets out the rights and responsibilities of landlords and tenant who rent residential properties.
 
One of the Board’s responsibilities is to provide information about the Act to landlords and tenants. In many cases, once landlords and tenants are aware of their rights and obligations they can resolve their own problems.   However, if a landlord and tenant cannot resolve their problems, then another responsibility of the Board is to resolve these problems for them.
 
Landlords and tenants can file an application with the Board.  Once an application is filed, the parties have an opportunity to have their problems addressed at a hearing.  At the hearing, a Member of the Board will make a decision on the application based on the evidence presented by the landlord and tenant.  Or, if both the landlord and tenant agree, a Mediator from the Board can work with them and try to help them reach their own agreement. 

Who is covered by the Residential Tenancies Act, 2006 (the Act)?

The Residential Tenancies Act, 2006 covers most residential rental units in Ontario including mobile homes, care homes and rooming and boarding houses. However, there are some situations where a rental unit may not be covered by the Act or certain parts of the Act. 

For example, the Act does not apply if:

• the tenant must share a kitchen or bathroom with the owner, or certain family members of the owner;
• the unit is used on a seasonal or temporary basis.

Many of the rules about rent do not apply to:

• new rental buildings;
• non-profit and public housing;
• university and college residences.

But these units are still covered by most of the other rules in the Act, such as maintenance and the reasons for eviction.

The Act does not cover commercial tenancies.

If you are not sure if your unit is covered, you should contact the Landlord and Tenant Board.

How can I talk to someone about the Act?

You can call the Landlord and Tenant Board at 1-888-332-3234 from outside Toronto or 416-645-8080 from within the GTA calling area.  Recorded information is available 24 hours a day.  Customer Service Representatives (CSRs) are available to provide information from Monday to Friday from 8:30 a.m. to 5:00 p.m. (except holidays).   You can also visit any Landlord and Tenant Board office in Ontario to talk to a CSR in person.

Where can I get a copy of the Residential Tenancies Act (the Act)?

Links to the Act and Regulations are provided in The Law section of our site. 

You can view or print all or parts of the Act from Publications Ontario’s legislation on-line link.  You can also order a copy of the Act for a fee from Publications Ontario How to Order link.

Where can I get copies of the Landlord and Tenant Board’s forms and brochures?

You can get copies of the forms and brochures by clicking on any of the following links:

• Landlord Applications
• Tenant Applications
• Notices of Termination and Agreement Forms
• Notices of Rent Increase
• Other Forms
• Brochures by Topic

You can also get copies of the forms and brochures free of charge at any Landlord and Tenant Board office or at a ServiceOntario Centre.  

the act provides criminal action but bribe takers and giver live and enjoy breaking law

Not easy to nail any scoundrel in India.My nuisance tenant Madhukar Purohit was an absentee tenant. ( Non user). But he had gas cylinder and once in awhile in a year or two he was getting refill. I visited the dealer and found that he was using benami connection with the collusion of a HP gas dealer. The name used was of some mehta. I wrote to HP gas and officers of HP gas that there is no Mehta in my building then how gas is delivered in that name in the room of Purohit. They did not act. I followed up and finally they investigated and canceled the connection but did not take any action on Purohit for using benami/ fictitious name gas connection. But surprisingly after a year or so when Purohit came from jaipur he did something so that the same HP dealer started ny delivering gas to Purohit in the name of Mehta. I followed up with RTI and other letters. They evaded. Life has too many other issues so I gave up my chase. So in corrupt system be it a gas co. you can never get justice. I hv a full correspondence file if some one wants to take up this further. So nailing anyone in India is not easy. You may get some success only If RTI is amended and CIC and SIC are forced to pass order with in a month and are compulsorily made to fine PIO then only you can get justice. But SIC in Maharashtra does not order for years and if orders then does not penalise PIO inspite of his purposely ignoring RTI act.

I and tenants and government and courts and police

Alok Tholiya

23 hrs · ShareThis ·

I am willing to participate any debate or TV show or discussion to explain that how sixty years landlords have been made to suffer and tenants , politicians never considered any relief to them as they are in minority and tenant are having more voting strength.

Firstly this proposed law protects small tenants. Even bigger tenants pay only small percentage of their declared income. So creamy layered tenants are not 5 lacs. And come and see facts of my two buildings where tenants do not pay rent as meager as Rs 40/- pm but give to dish antenna connection 500/- pm. There is a tenant Purohit with palatial bungalow in Jaipur, flies to US several times a year for gems and jewellery export business but to court he says he is poor and can't afford more than Rs 500/- per month as a mesne profit. This poor Purohit hired one of the costliest advocate D C Mehta. who wields lot of influence, Chadha has car worth Rs 10 lacs. Investment in shares for over few crores and claims he gets dividends more than Rs 10 lac a year. But does not pay rent for legally occupient 4 rooms for Rs 120/- pm and illegally erecting car shed , illegally covering common passage and so on. Mrs Bina Chowdhury filed a case in the year 1990 claiming that terrace too is tenanted to her. If she shows one single document which supports her claim then I will make her tenant of terrace too. But her influential advocate obtained injunction against me for terrace. Her advocate has ensured that case does not move an inch in 24 years and I am made to run to court for 24 years. She pays rs 138/- pm but occupies legally about six hundred square feet but claims she is tenant of entire floor consisting of common toilets and passage and terrace and space below staircase. She is also tenant of Wadia estate for over 15000 sq feet property and also tenant of another person for entire bungalow known as Jariwala building. She has huge investments but court is swayed by her old age, presentation and her advocate. Trespassers

Rents to go high for South Mumbai pugree residents

The draft housing policy proposes to amend the Maharashtra Rent Control Act 1999 for old South Mumbai buildings under the pugree system; tenant associations claim it will affect nearly 25 lakh people

SHAR.ES

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• Surendera M. Bhanot, Rajesh Lane, Anil Kumar Jain and 2 others like this.
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  Sandeep Jain I am fully with you in this matter.Please write a nice mail to the prime minister and the law minister asking them to change the laws. Even a slum dweller must be paying more than 500 to 1000 rs. per month. As I told you earlier sit on a dharna in front of the chief judge's office. Bring some media. Try to approach media houses like NDTv, Times now etc. We are not Salman Khan sir. We have to slog it out to get justice. That's the sorry state of our county today.

  19 hrs · Unlike · 1
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  Jitendra Gupta I fully agree with ur point of view as a landlord, but remember, all these years property outgoings such as collector property tax, Khod lease rent, Municipality property tax r also freeze, for decades on all tenanted properties, and where recently some increase in municipal property tax has taken place for tenanted properties, landlord have increased the rend accordingly. Any relief if at all landlord receives if rent control act is released, immediate effect will be in increase out goings in way of increase property taxes by different departments. so finally landlord may end up at square one.I am sure u must be paying just in two figures as annual rent to collector for ur property and just three figure to Khod and municipality.

  13 hrs · Edited · Like
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  Alok Tholiya Dear Sandeep , a hawker near Santacruz East station pays rs 12500/- as monthly hafta /bribe to police and BMC for sitting on road in heat and dust and rain. In dirtiest slums rent for residential one small room with municipal common toilet ( hell) , noise of all kinds, stinking environment, q for water, hot like oven as shades r of cement or MS sheets and so on is Rs 5000/- . But rent in my best quality best maintained RCC building with garden, terrace, 24 hrs water , electricity and so on is Rs 40/- p.m. and that too 50% of tenants / trespassers do not pay. If u came and want to check all what I have stated then pl. visit me.

  26 mins · Like
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  Alok Tholiya Dear Jitendra , Pl. note that never ever any taxes , water charges, electricity charges, gas charges, salary of sweeper, lift man, gardener, watchman were frozen. Cement and reti became 100 times more costly and rents were frozen in 50s for 2 years and r still same due to vote bank. All this made landlords living on rental income were made poor and hapless. No one could maintain buildings and buildings are falling. Rent has not increased but property tax has increased 200% to 300% . Same is recoverable from tenants but tenants do not pay that and going to court is further unviable. Besides there r several hurdles in recovering as calculation and area of tenant mentioned by BMC staff is disputable.

  18 mins · Like
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  Alok Tholiya I paid bribe / bakshis to BMC staff for releasing wood for burning my father's dead body at crematorium. I paid speed money for death certificate. I paid huge fees to advocate for probating will and he in turn paid bribe to high court staff for speeding same. For name change of deceased city survey office asking for bribe of Rs 5 lacs. BMC staff for name change on shops and establishment, licences etc asking for 5000/- . as bribe. But as a landlord I have never asked single penny from dependants of tenant for name change . Come and verify same as same is illegal and immoral too.Use of I stand here for general public. 

  13 mins · Like
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  Alok Tholiya I pay parking charges everywhere I go. When tenants took premises they never had a vehicle and purchased years/ decades after. They immorally as they are who want everything from landlord for free ka, haram ka and so on park their vehicle forcibly inside. Polite request does not work. Fighting is unfortunately not taught by my parents ( learn about my parents from their samaj, neighbours, and groups they were associated) police refuses to take action as is a civil matter , and if u fight ( which I will not) then there is one landlord and several tenants and trespassers so physically they r powerful, I do not use abuses / bad words and a punjabi tenants uses it as a free flow ganga before all men women and children and so on. Advocate charged me consultation fees of Rs 5000/- which is double then my annual rental income and advised to keep watchman for 24 hours which will cost me rs 12000/- X 12 months which will take away in a year my rental income of life time or said that we will file a case but I will get justice after 30 years or in my next life. These are hard facts.

  5 mins · Like