Dear All,
Hi. We stay in a flat of a building owned by a Co-op Bank; from the time of my grandparents ie almost more that 75 years. The same is governed under Pagadi system. Due to medical reasons,in 2010, my father voluntarily wrote a letter to the Bank ie the Landlord that he was ready to vacate the premises and relinquish his tenancy rights over it for due consideration from the Bank. The Bank replied saying that since,at the time of renting the flat, no amount was taken, the Bank is not liable to pay the consideration amount. But insisted that the premises be evicted; then saying that they have a bonafide requirement. Somewhere in 2011, they filed a suit for eviction against my father; which is pending disposal.
My father suffered a paralytic stroke and expired in 2012. Today my mother, a senior citizen stays there. We do not have any alternate accomodation.
My prime question is that the Bank claims to have a bonafide requirement only after my father showed interedt to surrender his rights.. Since it was an offer, the Bank could have easily rejected it. Instead they have filed a suit.
Their pleadings are that since the Bank is working on the ground floor, our premise (3rd flr) would be given to a bank manager who shall take care of the lockers and the banking transaction.. Isnt this utter rubbish ? It is not a bank quarter. Then even the other tenants need to be evicted.. Right ?? Can this be termed as a bonafide requirement ??
Also that without any proof, they state that we already have an alternate accomodation and only because of that my father wrote such a letter. This is sheer playing of words.. The building being an old construction, we do not have a lift; there are almost 76 steps to reach our house. And since he underwent a valve replacement operation in 2010, he found it difficult to climb so many steps and so he wrote a letter. It was just a proposal, bank could have rejected. Can it now file a suit for eviction on the ground of bonafide requirement ?
Secondly, it was my father who approached the bank and now he is no more, my mother who is very much staying there is in tension of this eviction. Just like in criminal court, once the accused dies, he is abated from the complaint and none of his family members suffer, cant the same hapen in case of a civil suit ?
Please advice. The matter is for conducting of cross; the Bank has filed its evidence.
Anamika
