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Is mezzanine Floor considered in carpet area


17-Sep-2023 (In Property Law)
I live in Pagari system tenant building. My floor to ceiling height is 20 feet. I have 5 mezzanine floors measuring about 500 sq ft. The landlord is telling me that area is not considered as carpet area. Is that true?
Answers (1)

Answer #1
710 votes
This is my response to you:
1. Mezzanine floor is part of the carpet area of the flat;
2. The landlord is wrong;
3. Also it was held in the case of: Khodadad Ardeshir Leader And Ors. vs Sundhakar Anantram Shetty
Relevant paragraph No.5:

"..5. We then come to the contention based on the orders of this Court though as to what exactly would be the area, defendant would be entitled to. As noted earlier, there are three areas which were combined together. In so far as mezzanine is concerned, it is a construction in between the floor and the ceiling. The learned Counsel for the defendant contends relying on the publication by Indian Standard Method of Measurement of Plinth, Carpet and Rentable Areas of building, that mezzanine should also be considered to work out the carpet area."

4. You can also show him this case: https://indiankanoon.org/doc/5479483/ (other states have also held in the positive);

5. Consult a local lawyer and send the landlord a legal notice.

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