Notice Reply On Behalf Of Tenant 279 - Legal Draft

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NOTI C E REPLY ON BEHALF OF TENANT

P. D. KOKARE, 16/1 Siddharth Chambers
B. A.(Hons); LL. B., Erandwana, Karve Road
ADVOCATE. PUNE411004
Phones : 5431424, 5431434 Dated ............

NOTICE-REPLY
(REGISTERED A.D.)

To
Shri MSG,
M. A.; LL. B., Advocate, 900 Sadashiv Peth, PUNE 411 030.
Dear Sir,
Your notice, dated................, given by you on behalf of your clients, Shri Vaman Mahadeo Deo and Shri Sadashiv Mahadeo Deo, and addressed to one, Shri Ratnakant Rarnu Phalke, was served on my client, Shri Rajanikant Ramu Phalke, and my said client with an understanding that he does not have a brother by name Ratnakant, taking it for granted that it must have been addressed to my client, has placed the same in my hands with instructions to reply thereto as under:
1. That the description of the premises, the monthly rent, the month of tenancy, as stated in your notice, are correct, and it is also correct that the said premises have been occupied by my client since the time of his father.
2. That the contents of your notice to the effect that my client has erected a loft in the said premises and has put stone floor in the said premises without the consent of your clients are totally false, and hence, denied by my client. My client further states that the lofts and floors have been placed long back and by your clients only, and these lofts and floors have furnished not only to my client but also to the other tenants in the said building, and hence, it is not correct to say that my client has erected any permanent structure on the premises.
3. That my client also says and maintains that the structures referred to in your notice do not and cannot amount to a permanent structure, even if for the sake of argument, they did exist.
4. That the contents of your notice that my client has acquired new premises at Kothrud in Sonali Cooperative Housing Society are totally false, and hence, denied by my client.
5. That my client does not own or possess any premises in the said Sonali Society or in any other society or otherwise. The only premises possessed and occupied by my client are the premises owned by your clients, and hence, all your contentions in that behalf are based upon the false and malicious instructions given to you by your clients.
6. That the contents of your notice to the effect that your clients require the premises reasonably and bonafide for the purpose of demolition and erection of a new building are also false, and hence, denied by my client. A landlord intending to do so has to follow a different procedure as prescribed by the Maharashtra Rent Control Act 1999.
7. That while by stating that your clients wish to demolish the said premises and construct a new building thereon, your clients have inadvertently let the cat out of the bag, because, in fact, your clients want to sell out the said property for a fortune, and hence, since the past few months, they have been picking up quarrels with the tenants in the building including my client and threatening them by dire consequences, if they would not vacate the premises, and your notice is a continuation in the said scheme.
8. That in the circumstances, your clients have no reason or cause to terminate the tenancy of my client, and your notice shall not have any legal effect on the tenancy of my client, much the less that of termination, and hence, my client would not hand over the possession of the said premises unto your client, which please ask your client to note.
9. That there being no cause, if your client were to choose to resort to any legal action, he shall be doing so at his own risk, and they shall have to thank none but themselves for the costs and consequences for such action, which please ask your client further to note.
10. That since for the months from June 200.. onwards, your clients have not accepted the rent, though duly rendered to them, on the pretext that rent-receipts are under printing and they would accept the rent on those becoming available, please ask your clients to receive the rent and pass proper receipts according to law.
11. That, in the circumstances, please advise your clients not to create troubles and complicate the matter and strain the good relationship between your clients and mine.
Yours faithfully,
[ P. D. KOKARE ]
ADVOCATE.