One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr. X and his family members inherited an old wada in City A, with all their names appearing on the property documents. The property housed over 40-year-old tenants operating under the Pagdi System. These tenants had been paying nominal rent for decades and claimed quasi-ownership rights through adverse possession. The family discovered that some tenants were illegally sub-letting portions to third parties and demanding substantial pagdi amounts from new occupants. When Mr. X’s family tried to increase rent or reclaim portions for personal use, the tenants refused and filed counter-claims. The situation escalated when tenants stopped paying even the nominal rent and began claiming full ownership rights over their occupied portions, creating a complex legal dispute requiring immediate intervention.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

• Immediately gather all original property documents including title deeds, property cards, and historical rent receipts
• Document all illegal sub-letting activities with photographic evidence and witness statements
• Serve legal notices for rent arrears and unauthorized activities before filing formal proceedings

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 329 deals with criminal breach of trust when tenants misuse property rights. Section 331 covers dishonest misappropriation when tenants claim ownership without legal basis. The Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 182 provides procedures for filing complaints regarding property disputes. Additionally, state-specific rent control laws and the Transfer of Property Act provisions regarding landlord-tenant relationships apply. These sections help establish the legal framework for addressing unauthorized occupation, rent defaults, and illegal sub-letting activities in Pagdi System properties.

If You Are the Complainant

• File a comprehensive complaint documenting all rent arrears, illegal sub-letting, and unauthorized modifications to the property
• Provide complete property ownership documentation including registered sale deeds, property cards, and succession certificates
• Present evidence of tenants exceeding their legal rights and violating tenancy terms through witness statements and photographs
• Demand immediate eviction for non-payment of rent and unauthorized use of premises beyond agreed terms
• Seek compensation for damages caused by illegal sub-letting and property modifications without owner consent

If You Are the Victim

• Document all instances of harassment, threats, or coercion by tenants claiming false ownership rights over your property
• Maintain detailed records of all rent demands, payment refusals, and attempts to negotiate fair tenancy terms
• Collect evidence of financial losses due to illegal sub-letting and unauthorized commercial activities on your premises
• Preserve all communication records including notices served, legal correspondence, and tenant responses or lack thereof
• Seek protection orders if tenants engage in threatening behavior or prevent you from accessing your own property

How the Police Behave in Such Cases

Police typically treat Pagdi System disputes as civil matters initially, often suggesting parties resolve through negotiation or civil courts. They may be reluctant to register criminal complaints unless clear evidence of fraud, criminal breach of trust, or threatening behavior exists. However, when presented with proper documentation showing illegal sub-letting, rent defaults, and property misuse, police can register complaints under relevant BNS sections. Their response improves significantly when complainants provide comprehensive evidence and legal notices demonstrating exhausted civil remedies.

FAQs People Normally Have

Can old tenants claim ownership through adverse possession? Tenants cannot claim adverse possession while paying rent, as this acknowledges landlord’s ownership. However, if rent payments stopped completely for 12+ years with hostile occupation, claims may arise.

Is illegal sub-letting a criminal offense? Yes, unauthorized sub-letting violates tenancy terms and can constitute criminal breach of trust under BNS Section 329.

Can owners increase rent for 40-year-old tenants? Rent increases must follow state rent control laws, typically allowing periodic revisions based on established formulas.

What if tenants refuse to vacate despite legal notices? File eviction suits in appropriate courts with proper grounds like rent arrears, unauthorized use, or property requirement.

What Evidence Is Required?

• Original property documents including registered sale deeds, property cards, and title documents proving ownership
• Historical rent receipts, agreements, and payment records establishing landlord-tenant relationship
• Photographs and videos documenting illegal sub-letting, unauthorized modifications, and commercial activities
• Witness statements from neighbors and other tenants confirming illegal activities and rent defaults
• Legal notices served to tenants regarding violations, rent arrears, and termination of tenancy
• Bank statements and financial records showing economic losses due to tenant violations
• Communication records including letters, emails, and messages between parties regarding property disputes

How Long Will the Investigation Take?

Police investigations in Pagdi System cases typically take 3-6 months depending on complexity and cooperation from parties. Civil court proceedings for eviction may extend 1-3 years considering case backlogs and multiple adjournments. Criminal cases for breach of trust or fraud usually conclude within 6-12 months if evidence is comprehensive. Expedited hearings possible in cases involving clear documentation and cooperative investigation procedures.

Advocate Sudhir Rao, Supreme Court of India