Can tenant challenge illegal charges agreed in consent terms?
If a tenant in Mumbai, living in a pagdi premises, agreed to pay repair cess, extra maintenance, and building repair charges to the landlord as part of consent terms in an earlier suit—and now learns these charges are not legally payable—can this issue be raised in a new RAD suit for incorrect rent increase?
If you’ve agreed to pay charges in earlier consent terms, they are contractually binding. However, if they are not legally permitted under tenancy laws, you can raise the issue in a new RAD suit. The court may consider your current claim if it affects rent calculation or was based on a legal misinterpretation. For further legal assistance contact us on our helpline number.
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