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ycsreddy@yahoo.com (ycsreddy@yahoo.com)     08 August 2011

Eviction of tenant who is "limited company"

            My tenant is a limited company. The company is running the showroom as distributor for a fomous company products (like furniture). I donot have any written agrement with that company. The company is paying rent more than Rs3500/- per month. I Filed suit for eviction after giving 15 days quit notice as  per Transfer of Property Act 106. After a month I filed the case in court of Senior Civil Judge for the eviction of the property and the damages for use and occupation.

          After filing the case the comapany is paying rent regularly  and i am accepting the same. Now the written statement is filed by the company's showroom manager . He signed the written statement  with out any seal of the company, and he did not filed any aurthorization letter or any G P A issued by the company. Now the manager of the company's show room filed a Chef affidavit and aslo filed documents for marking. And the documents are marked. In those document he did not filed any G P A or any Authorization letter which has to be issued by the company board of directors or Managing director or secretary or principle officer of the company.  now the matter  where i has to cross exam  the Manager of the show room of the Company. 

 My Questions

 

1) whether the written satement is valid or not ?

2) Can a manager of the showroom has a right to file the written statement?

3)at this stage of the case  can the manager of the company can  file any authorization letter?

4) What steps i has to take to win the case?

5) can i  take rents after filing the case? 

   



Learning

 2 Replies

Kiran Kumar (Lawyer)     08 August 2011

the question is who were arrayed as respondents/ defendants in the suit?

 

if you have made the manager a defendant in his personal capacity then he will certainly give his WS in that capacity.

 

for official WS there has to be proper document/ letter of authorisation/ GPA must be on record.

 

proceed effectively, dont let the defendants become wise at later stage, they may move requiste application to place on record the letter of authoritsation.

 

keep on accepting the rent, its your right.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     08 August 2011

In such cases you must take objection for appearance from day one. If there is proper authorisation all other submissions are illegal and if already allowed by the court go instantly for revision.


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