I and other legal heirs of whom I am the CA, are the tenants of one of the rooms on 4th floor of the MHADA cessed 4 floors commercial building (without lift) in South Mumbai for the last several years.
The landlady of the room has filed RAE suit in the Small Causes Court, Mumbai against me and others, legal heirs of my father and mother, for recovering possession of the suit premises on unsustainable grounds with the purpose of pressurising us to settle the matter with her for lower amount of consideration. (The landlady had in the past also settled the matter with us in the court by paying lower amount of consideration for another room in the same building).
In the said suit the Court has passed Order in the Injunction Notice taken out by the Plaintiff (Landlady) and accordingly we (Defendants) are restrained from parting with the possession of the suit premises.
The Suit is pending in the Court. Issues have not yet been framed by the Court.
Unfortunately rear portion of the building comprising of 5 rooms on each floor (total 4 floors) collapsed in the last week of July, 2016. This included the room in our possession on the 4th floor of the building. MHADA is at present removing the debris.
Under such a situation my question is that:
(a) Whether collapse of the building which includes suit premises also will affect our tenancy right in the suit or otherwise?
(b) Whether I am required to file any proof in the court to establish the fact of collapse of the room in my possession. If yes, then from where to get this proof/information. It may be difficult for any forum to give the information with my room number.
(c) What action should I take to safeguard our interest as tenants in the court or elsewhere;
(d) Should I take up the matter with MHADA under RTI or with any other forum;