Tuesday, July 7, 2015
Wednesday, June 24, 2015
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.
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.
Tuesday, June 16, 2015
Federation of Retail Traders Welfare Association ( FRTWA)......or unjust traders asso????
Bhaskar Prabhu shared Viren Shah's photo.
19 hrs ·
Dear Tenants,
As you all know that Honourable Chief Minister have decided to withdraw 'Un reasonable' Draft of Rent Act page from Housing Policy.
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.
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)
President
Federation of Retail Traders Welfare Association ( FRTWA)
Friday, June 5, 2015
Tenant not paying rent liable to hand over property: HC
http://timesofindia.indiatimes.com/city/nagpur/Tenant-not-paying-rent-liable-to-hand-over-property-HC/articleshow/18665719.cms
http://indiankanoon.org/doc/1459144/
Tenant not paying rent liable to hand over property: HC
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.
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