Plastic sheets being used all over Mumbai for Building protection

In Mumbai leakage from terrace is very common and how much soever u carry our regular and extensive repairs the leakage / seepage starts soon again. Mumbaikar jhave found a easy solution of covering roof/ terrace etc with plastic sheets / used flex banners etc and they are sure of 100% safety.

But tenant of my building Mrs Bina Chowdhury does not do even so much and then cribbs about condition of building. Her motto is not maintaing her tenanted or manipulatively taken court injuction premises but her motto is to see that how she can blame shelter provider and harrass him and put false allegation on him.

Doors of my Shop flooded On Monday 3rd Sep 2012

 

Saburi Building , Ground, floor, Vakola Bridge, Santacruz east, Mumbai 400055

Deteriorating condition of saburi due to greedy tenants and tresspassers,

Bad rent act, non acting BMC , delaying courts

Can I charge interest from tenant not paying in time??

My one of the tenant having income above Rs 50000/- per month was not
paying meager rent of Rs. 40/- p.m. since 2006. Yesterday due to one
of my blogs he has come to pay the rent. Am I supposed to collect rent
with interest? As such I hv to pay heavy penalty and interest if I
delay any payment to electricity, water, mobile, MTNL, credit card
dept etc.. and has to face disconnection. Pl. advise.

"lawful attempts" to get back their ancestral premises

Landlord wins 42-yr-old battle against tenant

Mar 24, 2011, 01.28AM IST TNN[ Swati Deshpande ]

MUMBAI: The dispute had landed in the small causes court in the same year that Neil Armstrong walked on the moon. Four rounds and over four decades of litigation later, the trip finally ended in a victory for a Bandra landlord in an eviction battle against a tenant.

A few weeks ago, an appeal bench of S D Darne and A K Shah of the small causes court confirmed a 2010 eviction order. The bench held that the landlords-Clarence Fernandes, Ralph Fernandes and four other brothers, two of whom died since the suit was originally filed-had made out a case of their bona fide requirement and to recover the tenanted 850 sq ft flat in the three-storey building that their father built. The Fernandes family had launched the "lawful attempts" to get back their ancestral premises in 1969, but their victory may not translate into a recovery of premises just yet.

In November 2010, the small causes trial judge passed an eviction decree against the tenants occupying a first-floor flat in Charlesville House in Bandra (W). The tenants- widow of the original tenant, Yasmin Badshah, her son Shahid Badshah and daughter-in-law Tasreen Khan-sought a stay. The judges granted a two-month stay on the eviction so that the tenants could challenge the order in the Bombay high court.

The landlords and other members of their family, through their lawyers Divyakant Mehta and MP Vashi, argued that they needed the flat so that the brothers could stay close to their mother.

The Bombay Rent Act allows a landlord to claim recovery for his genuine need.

In this case, the landlords got part reprieve in 1975. In 1976, the tenants went in appeal and lost. The matter went to HC in 1988 and both sides agreed to go for a re-trial before the small causes court. The battle started afresh and ended in 2011 with the court ruling in the landlords' favour. The tenants argued that they couldn't find alternative accommodation, adding that the landlords were rich and could afford to live elsewhere.

Holding that evidence during trial showed that Shahid and his wife were persons of "good means and financial resources and could easily get premises of their choice, at least on rent", the judges said the tenants, if evicted, would not suffer more hardships than the landlords.

The fact that the landlord is affluent is of little consequence if he proves, as was done in this case, that his need for the premises is genuine, said the court. "Only because a landlord is rich, a decree of recovery cannot be refused," 

Namaskar. Pl. guide.

My one of the tenant having income above Rs 50000/- per month was not
paying meager rent of Rs. 40/- p.m. since 2006. Yesterday due to one
of my blogs he has come to pay the rent. Am I supposed to collect rent
with interest? As such I hv to pay heavy penalty and interest if I
delay any payment to electricity, water, mobile, MTNL, credit card
dept etc.. and has to face disconnection. Pl. advise.

most points apply to residents of saburi too!!!

Alok Tholiya

Co-owner: Tholiya Bhavan

Marigold Hall, Tholiya Bhavan, 10th Rd., Santa Cruz East, Mumbai 400055

                                           Tel. 26125699 /9324225699 atholiya@gmail.com

For notice of all in Tholiya Bhavan

Tuesday, July 17, 2012

To,  All respected residents of Tholiya Bhavan.

It is belittingling myself to issue these guidelines but due to having experienced several intolerable behaviors of some residents I am compelled to write this: 

1.       Staff recruitment, retention, grooming and taking care is a mammoth job. All are requested to not to give any personal work to my staff, need not involve them in any talk and waste their precious time.

However they have been advised to rush and help when incidence is life threatening or of severe calamity. 

2.       Still if there is a situation that you need any help of my staff then pl. talk to Ms Sandhya and she will decide / allow them to do the needful. In case you have a work which you think Sandhya needs to help then you have to first talk to me and only if I consent she will help you.

3.       Whenever two neighbors/ acquaints meet they are supposed to nod/ say hello hi, wish, exchange pleasantries etc and not supposed to transact business/ raise complaints on way. It is fine if we ignore each other if there is no warmth in relationship. But no one has to stop me or my staff while going up and down for any personal work / building issues/ common issues of residents. As already informed earlier, all are required to be a formal and enlightened person and seek prior appointment from my staff for meeting. You have to inform in writing in brief points of discussion which you want to have. I have to take necessary authority from others concerned be it neighbors, co-owners or family members  etc. before I indulge in any discussion or give any reply or permission as I alone have no authority to act on behalf of others.

4.       All requests for permissions/ special facility have to come in writing and reasonable time will be taken to give reply as necessary authorization has to be obtained by me from others concerned.

5.       I humbly submit that there attached is sanctity of all posts and position and owner of a building also needs some due respect. No one can enter freely any time, catch hold of owner on way, use foul language, dress improperly and visit his/ her office / home, misuse extra facilities, behave rudely etc.. These all create unnecessary ill feeling and we are unable to enjoy and build good relations. Taking undue liberties unnecessary enmity. Where as we all can behave as civilized, educated and enlightened neighbors and improve tenant landlord relations. Everyone should take a call on this.

6.       We will be left with no option but to take refuge under law as provided if anyone indulges in mischief/ misbehavior / act causing in any manner injury to our name, personality, position, safety, status, rights etc. .

7.       We will no more be hesitant to take legal action as per rent control act, civil act, and criminal act as necessary if situation requires so. But our first choice will be to be cordial and respectful to all neighbors and expect same feeling in reciprocation.

8.       No tenant has left building earlier too without getting fair market value so that is protected then why spoil relations, avoid paying dues, use foul language etc which gives nothing more and rather is a risky proposition to behave in uncalled for manner.

By order….In favor of Notice board of Tholiya Bhavan.

Last year my building Saburi at Vakola flooded like this

I expect same this year or even worst as nalas/ Storm water drains  have not been cleared. Illegal hawkers settled there by ruling BMC parties have made situation worst. Saburi is very old building of 1942. And can be affected badly due to such flooding and heavy rains.

Rent act and Supreme court

Supreme Court gives Important Verdict on Change in usage of Rented Premises Spreme Court gives Important Verdict on Change in usage of Rented Premises The Supreme Court of India gave an important verdict whereby any changes or use of residential or business land by the tenant without prior written permission taken from the owner may lead to him being asked to vacate the said land or property. Setting aside the ruling of the Allahabad High Court on this matter, the Supreme Court Panel of Judges comprising of Chief Justice Mr. V. N. Khare and Justice Mr. Ashok Bhaan gave the owner the right to ask the tenant to vacate the residential land or business establishment if any changes are done to it without the owner’s permission. The above verdict was in context of the case between Mr. Bharat Lal Baranwal vs. Virendra Kumar Aggrawal. In 1970, Mr. Baranwal had given Mr. Aggrawal one of his three rooms on rent for using as a book store. But in 1976 Mr. Aggrawal, without the permission of his owner Mr. Baranwal, started paper production in the room taken on rent. Also in 1986, He brought a printing machine and started utilising all the three rooms owned by Mr. Baranwal. Mr. Baranwal filed a petiton in the Appellate Court. However, the Appellate Court quashed his petition saying that using the rented premises for mechanised paper production by Mr. Aggrawal was in no way a violation of the Rent Laws. Mr. Baranwal appealed in the Revision Court. The Revision Court set aside the Appellate Court decision and gave rights to the owner to ask the tenant to vacate the rented premises. However, the Allahabad High Court set aside the Revision Court Jugdement and ratified the Appellate Court Verdict. Then Mr. Baranwal appealed in the Supreme Court. Referring to Article 20 (2)(D) of the Urban Building Act, the Supreme Court gave its verdict that Mr. Aggrawal had violated the Rent Laws by using the other rooms along with the room rented to him by Mr. Baranwal and thus ratified the Revision Court’s earlier Verdict. ________________________________________ Re : Tenant can be evicted to start business: SC Tenant can be evicted to start business: SC New Delhi, October 12 A tenant can be evicted if the landlord wants to start his own business even in a field in which he or she has no prior experience, the Supreme Court has ruled. A bench of Justices Markandeya Katju and Asok Kumar Ganguly has held that if a landlord has a bonafide need of his rented premises for starting a new business and is able to prove his claim convincingly, he cannot be denied the privilege. It is not necessary that a person to succeed in business must have prior experience in the particular field as even a rookie can succeed, the apex court said. "We are of the opinion that a person can start a new business even if he has no experience in the new business. That does not mean that his claim for starting the new business must be rejected on the ground that it is a false claim. "Many people start new businesses even if they do not have experience in the new business, and sometimes they are successful in the new business also. Hence, the bench is of the opinion that the High Court should have gone deeper into the question of bonafide need and not rejected it only on the ground that Giriraj (the petitioner's son) has no experience in footwear business," the apex court said. The Supreme Court bench made the observation while allowing the appeal of landlord and petitioner Ram Babu Agarwal challenging the rulings of the Madhya Pradesh High Court. — PTI http://www.tribunei ndia.com/ 2009/20091013/ nation.htm# 3

Condition of Saburi in brief.

The saburi building is sinking. It gets flooded every year. It is infested with termites and rats as there is a illegal hotel, very badly managed Bharat lodge, nala on out skirts and to top it all , all taxi walas keep spitting all around the building as there a always illegally parked taxies in large nos. There is a heavy leakage as Mrs Bina Chowdhuri had erected illegal shade on terrace and thus damaged the terrace. As per tenancy agreement she is supposed to upkeep and maintain tenanted premises which she is not doing. Doors to WC on ground floor is missing as same worned out as illegal trespasser is nither paying to landlord nor maintaining the same.

Saburi Otla

Like every year monsoon water in Saburi

नए राशन कार्डों के वितरण पर रोक 23 Jan 2012, 0400 hrs IST,नवभारत टाइम्स अरविंद त्रिपाठी॥ कल्याण जिन इलाकों में चुनाव होने हैं , वहां नए राशन कार्ड के वितरण पर सरकार ने रोक लगा दी है। इस बारे में नागरिक एवं खाद्य आपूर्ति विभाग ने राशन कार्यालयों को आदेश जारी कर दिए हैं। 16 जनवरी को जारी इस आदेश में चुनावों के दौरान मतदाताओं के पहचान और पते की तस्दीक के लिए राशन कार्ड का इस्तेमाल न होने देने के लिए चुनाव आचार संहिता के दौरान नए राशन कार्ड जारी करने पर रोक लगाई गई है। हालांकि नए राशन कार्डों के आवेदन स्वीकार करने पर कोई रोक नहीं लगाई गई हैं। सरकारी आदेश में राशन कार्यालयों को स्पष्ट आदेश दिए गए हैं कि आचार संहिता खत्म होने के बाद ही नए राशन कार्ड जारी किए जाएं। यह आदेश सभी राशन विभागों , विभागीय आयुक्तों , जिला कलेक्टरों को जारी किया गया है। बता दें कि हाल ही में उल्हासनगर में कांग्रेस अध्यक्ष सोनिया गांधी और उनके परिवार के नाम एक बोगस राशन कार्ड लावारिस पड़ा मिला था। इस खबर को एनबीटी ने प्रमुखता से छापा था। इस खबर के छपने के बाद कई स्तरों से यह सवाल उठने लगा था कि अगर सोनिया गांधी के नाम पर फर्जी राशन कार्ड बन सकता है , तो किसी का भी फर्जी राशन कार्ड बनाकर चुनाव में बोगस मतदान के लिए इस्तेमाल हो सकता है। इस आदेश में यह भी लिखा है कि राशन कार्ड केवल सरकारी राशन की दुकानों से राशन लेने के लिए ही वैध दस्तावेज है। इसके अलावा अन्य किसी काम के लिए इसका इस्तेमाल नहीं किया जा सकता। यह सूचना राशन कार्डों पर भी छापी गई है। इसके बावजूद कई सरकारी महकमे पते की तस्दीक और पहचान पत्र के रूप में इसे मान्यता देते हैं , जो गलत है।

Ranjit Hotel is not following any of the food safety act provisions

yet he thrives due to support of big time leader of congress party hailing from UP