IN THE COURT OF SMALL CAUSES COURT AT MUMBAI
BANDRA BRANCH
C.R.NO. 35
R.A.E. SUIT NO. 864 OF 2004
1. Mrs. Saroj Tholiya …age 82 years… and 2 others.……….Plaintiffs
(Co owners)
V/s.
- Mrs. Shakuntala N. Purohit age 75 yrs. and 3 others……..Defendants
(Heirs of the then tenant of approx. 180 sq. ft. area having rent of just Rs. 42.50/- p.m. but living in Palatial Bungalow in Jaipur)
Tuesday, July 15, 2008 matter was called out at 11 am
Hon. Judge,
Namaskar.
I would like to draw kind attention of yourgoodself to following facts:
Pl. refer to my earlier letter on delay tactics by advocates of Tenants. Today i.e. on July 15 2008 Ad. Pawar presented new application to file additional documents. My Advocate opposed the same on the ground that they have already taken over 9 months to just submit the documents but have not done so. He pointed out that they are purposely trying to delay the matter and hence this application. He further drew attention of Yourhonour to the fact that matter is expedited as per circular from high court on the ground of age of one of the defendants and one of the plaintiffs.
To this Ad. Pawar sarcastically made two remarks and kept repeating the same and tried to humiliate us by saying:
- Your honor the matter is just of 2004.
- The lady is just sitting at home and the sons just keep filing cases after cases and try to take advantage of age of the mother.
Respected Sir,
At this moment I immediately got up to challenge him, to falsify his averments and his blatant lies to mislead and prejudice Hon. Court . But Ad. Pawar rudely asked me to sit down saying since my Advocate is present I can not say anything. As I was not allowed to speak I am writing this letter to clarify my stand on his statements and also I seek some clarifications. First are my replies to his above two humiliating statements.
1. A) Your honor, It was the decision of whole parliament to grant expeditious status to all cases/ take on priority all cases of sr. citizens. The law ministry wrote to all state government to start special courts for Sr. Citizens in their states. Our state govt. sent the letter to high court who in turn instead of starting special courts found a better system and advised all courts to take up cases of Sr. Citizens expeditiously.
Sir, this is a blanket order. Where is a scope at the level of trial court to belittle this extra ordinary circular of High court or wishes of supreme body of our nation the Hon. Parliament and malign us in turn on seeking speedy redressal of our grievances as one of the plaintiff and one of the defendants are aged 75 years and above.?
B) Present world is so fast and compititive.What generations could not do are being done in jiffy.In such era of time is money the four year lost is meaningless to Mr. Pawar. If Bill Gates, Ambanis, Tatas, Shahrukh, Aamir or researchers or scientists were to loose 4 years ( and 18 years in other suit) like this of there life then world economy, progress and development would have come to a stand still. These advocates too seem to know meaning of time and make best by taking innumerable assignments but not remaining present ( atleast not prepared) in any of them.And their parameters are differant for litigants specially of opposite side.I won't be so mean to wish that these Advocates too loose their precious years in some of litigations and then hesitate to say in year 2008 "Your honour the matter is just of 2004" and when the case is not even half way thru.
2. Your honor my mother had atleast come to the court once when she filed application to expedite the present suit but most often even young defendants have remained absent and they have even been represented unauthorizedly by one Harish Chadda.
B) The fact is that this building was purchased by our family in the year 1978. Since than this is the first suit which we have filed against any of our tenants.
There have been some very very good tenants more then family members and we enjoy very good relations with them even long after they have left the building.
They are: Shri Vivek Mehta (Business Head and V. P. L. & T.): Shri Narendra Gupta (Retd. Manager: W.R.); Shri R. N. Goyal (Retd. V.P. Piramal Mills); Mrs. Amrit Arora; Shri N. B. Pillai etc . . . . These are the people who still visit us in the building and leave without seeing other tenants. Incidentally only we get invited to function and parties in their house and vice versa. But unfortunately they left for better houses as they have risen in life to great heights. We are all together in all sukh dukh. But now we are left with bad tenants. But inspite of left with bad tenants we have not filed any case except this one. We may be encouraged to file more cases (of course on genuine and serious grounds only) if we are sure to see fate of these cases in our life time.
Your honor, I am enclosing profile of our tenants in other building known as Saburi Building . These profiles were ready as I had prepared them for circulating in area and to press to create public awareness that not all landlords ( as branded by media) are bad and that not all tenants are suffering ( rather are causing sufferings). On the scale of 1 to 10 I can give them Grade 5 and to tenants left in Tholiya Bhavan I can not grade them even 10 ( they are much worst then tenants in Saburi Building .Yet we have not filed cases on others in Tholiya Bhavan. Shortly I will be preparing profile of our tenants in Tholiya Bhavan too who are worst then tenants in Saburi.
Now few clarifications and humble suggestions:
Honorable sir,
I can understand if litigant is not allowed to speak / intervene when the issue is sub-judice / meaning discussion on matter / facts of cases are on. But when there is a breach of privilege, when irrelevant points are raised, sarcastic comments are made, comments on personality/ integrity or status are made/ comments to prejudice, belittle the opposite party is made then the affected party must be allowed to raise point of privilege / point of order.
Sir, very often our own Advocate may not know the facts if comments outside the purview of suit is made like the above comment that sons (while I am the only son) of old lady keeps filing suit after suit (while this is a first suit in 30 long years). And all advocates are not aggressive. Some other do not want to make a scene or hurt others. But Sir, lie allegation thrown on your face, comments hurled on you belittling you hurts. Has shelter provider done any crime by giving you a shelter and then get such undeserving comments inspite of doing always good inspite of being always good.( Only a secret survey can prove my claim).
Sir, I will welcome them to fight their case on merit and facts and I won't try to poke my dirty nose in between. But can not take any more insulting statements full of lies lying down. Can not allow their smart modus operandi to delay the case. Pl. do away the system where person directly hurt can not speak before Hon. Court.
Sir, even any ordinary M.P. can interrupt the whole proceedings of august parliament / or interrupt Hon. P.M. or get heard in between if he has valid point to rise (thru point of Order or point of privilege). Can't we the litigants get such rights? Do we have to bear all humiliation and get maligned at the hands of Advocate not fighting on issues?
V.IMP: If not then pl. advise Advocates Bar Association to every month have one training session in familiarizing and understanding court procedures and protocols : Rights and duties of litigants etc.. They can even charge token fee for same.
Sir, I had an opportunity to attend course in parliamentary procedures when I was in collage. By the way I had also won Best parliamentarian Award with my co-member Shri Nayan Shah (now leading Builder) in "Inter Jaycees Club Mock Parliament" organized by Malabar Hill Jaycees. The judges were Hon T.K. Tope (The then Vice Chancellor University of Mumbai), Hon. Shri Y. P. Trivedi (Legal Luminary) and Hon. Shri Nana Chudasama (Ex-Sheriff of Mumbai).Similarly there are counseling for patients and relatives before operation. Every day we read about several lectures on health held in various parts of city.
But we get no opportunity to learn the court procedures and protocols and keep suffering in silence.
Profile of My Tenants:
Chandrama Shukla:
This man was my grandfather's regular customer. Sweet spoken. Was a milkman popularly known as Dudhwala bhaiya.
One day (in around 1976) he approached my grandfather saying he lost most of his cows in a disease. With only two of them left he told he did not find the supplying milk to other shopkeepers. He requested my grandfather to allow him to sit on open otla (open front balcony) for 3 hours everyday and allow him to retail his milk. On the ground of mercy and 2 liters of milk everyday my grandfather allowed him. Soon he started sitting whole day. Then he created a booth. Soon he sublet the booth to third party at Rs. 1200/- per month to run a tea and snacks business/ eatery. When we objected he went to court and filed a declaratory suit to declare him as tenant at Rs. 40/- per month (the standard rent fixed by law) .The suit went on for 15 years. He kept on increasing rent from his subtenants but paid nothing to us pending judgment from court. The day court framed issues and he realized that he had no document, evidence or witness in his favor he came to me to have compromise. He demanded Rs. 1 lac to leave the otla. ( In 1995 one lac had more value then today's 10 lac). When I consulted my advocate and friends (expert in property matters and the delaying courts) they advised me to pay and get back the possession of my own premises as they explained me that after loosing here he may go to two bench appeal court. Then will go to High court and then to…..Which is more expensive and time consuming then paying him..
I paid my hard earned money to a person (who cheated my grandfather who had extended help to him and also pulled him in court for more then a decade) and misused Indian court's delaying system to his advantage.
Only great thing about him is (unlike Kishansingh Chohan) he did not further encroach on our other area and neither broke his commitment once agreed to vacate for Rs. 1 lac.
Mrs. Bina Chowdhari:
25 years back I was Dealer of fans and appliances. I had paid dealership deposit of orient fans. When I changed my business activity I wrote to them to refund my dealership deposit of Rs. 5000/-. When months wait and several follow-ups went in vain I wrote to MRTP , New Delhi . With in 15 days came the rep. of Orient fans and handed me over a cheque and requested a letter for withdrawal of my complaint .There are several such incidences where I had to approach Ombudsman of Banks and insurance etc. and ( for myself or for others) and the results were there.
Now these grievances redressal cell have themselves become harassment tools and delay devils. Be it consumer courts, MRTP. Motor Accident Tribunal, Ombudsman or any other similar agency. Nowhere there is a fear of these agencies and one who is taking ride of yours will rather become more empowered to harass you by misusing these machinery otherwise created to help redress issues of innocent suffering citizens.
Worst of all is Indian Judiciary .Indian Judiciary is one institute which lectures and sermons all but does not look with in. The corruption, delay and misuse of judicial system is rampant. Advocates take fee in advance and then are never bothered to prepare and assist the client. Client has to chase and follow-up. For no reason they keep asking for adjournments and same is granted without even raising eyebrows. Half the precious time of courts is wasted in calling out matter and then adjourning the same. There is no penalty for seeking any number of adjournments. So if you want to harass any one (like tenants do ) just file a case on false ground asking for extra rights and then see that landlord is pulled to court for a decade or two. Then keep asking high compensation for withdrawing the case or let him suffer.
Mrs. Bina Chowdhari (tenant of premises on first floor admeasuring 700 sq. ft. commercial area having to pay rent of only Rs. 137/- per month) filed a case against me in 1990 claiming tenancy to Terrace, exterior walls and staircase leading to first floor. An injunction was granted to her promptly. She has no paper, document, rent receipt or tenancy agreement to support her claim that terrace or exterior walls etc. is tenanted to her. But still she could get injunction to help fulfill her dream of harassing and squeezing landlord by misusing our judicial system. There after she has been asking for adjournments or filing interim notices / application to delay the matter. In her case I filed application for expediting the matter on grounds of one of the landlords and defendant (my mother) being senior citizen. Even this application was stalled by her for five years. Finally matter was labeled to be expedited but yet her delay tactics continue. The Hon. Court either sympathizes with tenant, or old or person looking poor. In her case she is tenant, old and successfully pretends to be poor (as she dresses shabbily) and on the top is widow. Her lawyer once asked for an offer. We offered her Rs.70 lacs to vacate this old dilapidated building which is in the state of falling (as per the report of court commissioner and court appointed architect), Fire brigade and many other experts. Alternatively we also offered to rebuild the building and give her back tenanted area as per our records. But she is asking for Rs.2 crores where as there are 2 other tenants also. That means for my own ground floor shops which are officially commercial ( there are 7 rooms ) and for paying property taxes, assessment taxes and looking after the property, and investing in same time and money for decades I get not more then tenants who have residential area or unauthorized area in hand. Is not this a black mail?
In the meanwhile condition of building built in 1942 and not maintained due to rent act is becoming bad day by day and if falls then will cause heavy loss to life and property.
Kishansingh Chauhan
My Grand father was running besides other business a Jawahar Hotel too. As he could not manage the hotel he shut it down. One of the workers of a hotel Kishansingh Chauhan's father came down from Rajasthan and pleaded to continue job of his son Kishansingh saying that they will all die if Kishan is not able to send money to them in their village which is affected with draught. After deliberations my grandfather gave him a stall of 6'x 6' on open space of compound to run a tea stall at monthly compensation of Rs. 150/-.He gave his hotel licence, his crockery and furniture of hotel to Kishansingh
.
Kishansingh filed a suit in around 1980 in small causes court asking to declare him a tenant and took certain injunctions. There after in the name of protecting from rain and sun he put plastic sheets around stall. After few years replaced plastic with talpatri and then put up cement sheet. And in few years he illegally encroached and enclosed the whole south side of open space. Now stands there is renovated Hotel named as a Ranjit Hotel.
In 1989 I purchased the said building from landlord and tried to keep good relations with all tenants and trespassers. Around 1998 Kishansingh called me up and requested for Rs. 10000/- as his wife had to under go emergency operation. He promised to me that he will refund the money to me with in 15 days. Inspite of constraints at my end I raised the money from mother etc. and lent it to him. Till today about 10 years have passed he has not sent back a single rupee.
This January he approached me with another offer. He said his two daughter's are to be married and that he too is not keeping well. He offered to vacate the premises and surrendered back to me if I give him Rs. 60 lacs. After negotiations amount was settled at Rs. 40 lacs. We fixed a date for a deal where I will pay him and he will vacate simultaneously. Just before 3 days of this date he came to me saying that he had kept a subtenant ( a tailor ) and he has to refund his deposit and also marriage has arrived in the family so he needs Rs. 6 lacs. He promised to keep his word on date fixed. As a commitment he brought with him reputed area leader of Congress Shri Suresh Thakur.
I told him to hand over me the possession of the area of tailor and in turn I will pay the Rs. 6 lacs. Next day at about 10 p.m. he called me at tailor shop in my building and handed over the possession of that shop admeasuring merely 40 sq. ft. to me. In turn I took him to my neighboring shop Saraiya Cleaners and handed him over Rs. 6 lacs in the presence of Mr. Saraiya and Kishansingh's son in law etc.. so that marriage of his other daughters could be performed without hitch.
After taking this money once again he failed to keep his word and did not vacate. I am still waiting for refund of my money (of course with interest) as I too am paying interest.
And in court even after 25 years matter lingers on. I have no hope of justice from courts and delayed justice is justice denied.
We see in film Gandhigiri works but in real life especially in case of such persons no Gandhigiri works.
As per tenants, courts, govt. and newspapers everyone should make money except shelter providers (the landlords):
Dattatraya Tobacco Shop (Run by Mrs. Lalita Liladhar Chougule)
After I purchased the Dias Building in 1989 (now named as Saburi Building by me) I continued to keep good relations with the tenant Shri Liladhar Chougule running Pan Bidi shop named as Dattatraya Tobacco Shop. Unfortunately the proprietor Liladhar Chougule died of Cancer. His sons started running the shop but forgot to pay rent. I thought that since they may be ignorant about importance of having a rent receipt and paying a rent in time I advised them to pay the rent regularly which is just Rs. 40/- p.m. and collect the receipt. I also advised them to write for my record a letter requesting me to change the name of tenancy in their mother's name. When they wrote to me I changed the name without asking for a rupee or without delay and offered even a cup of tea. Here it is important to note that after sad demise of my Grandfather I had to bow down, heavily follow up and pay speed money to every single govt. authority for change of name on licenses / certificates etc. be it Sales tax dept., BMC licence dept., shops and Establishment dept., Rationing office, profession tax dept., probate dept. of high court, land records dept, assessment dept. of B.M.C., Death certificate dept of B.M.C., City survey office etc. etc. None showed sympathy on sad demise of my beloved grand father who had kept good relations with most of them. I am sure even heirs of Liladhar Chougule must have paid heftily and happily to concerned govt. officials for name change. But here I offered them a cup of tea and without asking any favor transferred the name of deceased tenant to his heir. But as a landlord I am a bad person in the eyes of neighbors, newspapers and law.
As fate has in store for landlords here again I had to suffer. After the youngsters took over the business they added several other activities to their business without any permission. They made loft and have sublet same @ 5000/- p.m. to a shoe shopkeeper as godown. Storage of shoes be it synthetic or leather are inflammable. They have not taken required Fire dept. licence or other licence for doing so. They have also taken two P.C.O.'s (Tel. no. 26689316 and 66979675) without owner's N.O.C. and are earning well from them. They have also sublet front of their shop to panwala (betel vendor).This is over and above their own ancestral business of cigarette and tobacco etc. So their net monthly income is above Rs. 25000/- easily but they are very irregular in paying rent of just Rs. 40/- p.m. It is well known fact that all shopkeepers in Mumbai pay in hundreds to local puja / visarjan, dandiya mandals and goons. But to landlord they hate to pay even Rs. 40/- gracefully.
Now we have stopped reminding for rent and stopped following up for same. While all hugely profit making co.'s like MTNL, Reliance Energy, Tata indicom and BMC., Mobile co., gas co. etc. can cut the supplies / services in 60 days we can not do anything like that and rent of Rs. 40/- pm is pending since January 2007.
Inspite of being a loss making landlord if I have to file a case for recovery from defaulting tenant then first I have to pay to Advocates fee of Rs. 25000/- or more. Then spend years in court. And after that if tenant starts paying then you do not get anything in relief and all your time and money goes in vain.
Last year I had called a meeting of all the three tenants/ trespassers for inviting suggestions and views on repairs and reconstructions. Only one of them attended.
Finally I approached Dinesh Chougule tenant of this 144 sq. ft. stall. He unashamedly demanded one flat and one small stall against letting us develop this falling building (built in 1942). Not even owners of shops in housing society demand that high to builders. But for newspapers, and legal system in India Tenants deserve sympathy and the shelter providers get the boot.
Thanks and Regards,
Alok Tholiya ( S.E.O.),
