Breach of contract..contract period still in vogue
Sam D'costa
(Querist) 18 March 2012
This query is : Resolved
Hold 419.25 sq. mtrs. Of land in Mumbai. We are occupant on the said plot since 1981 and since then we were paying NA on said plot. Our name is neither on property card nor on 7/12. Only on NA receipt which includes are name as occupant. But we have protecting encroachment of said land from the said year and shown to others as if we are the right full owners of said property. Since that time owners are not traceable and we are not willing to go for declaration procedure. Based on right of occupancy (title by prescription) we entered in to agreement with one of the developer who agreed some consideration in form of 2000 sq. ft. flat and some monetary consideration. Agreement is for 2 years and 1.5 years already elapsed.
On west side and south side of plot there is building. On east side there is railways and on north side there is slum area which is different city survey number reserved for green (garden). Our plot of land is in residence zone that is construction for residence is permissible. But as said no access to road. And therefore initial period of agreement period wasted due to legal complication. Then by paying under table to BMC and other corporates he managed to build ground floor with 4 1bhk flats. Now work has been stopped from last 6 months and builder is not answering even our calls. Even he sold 2 flats to one person who started staying in two flats out of 4. So we taken possession of remaining 2 flats. (since agreement states unless he provide our consideration he shall not sell any of the present constructed on transfer development rights). Now since there is breach of agreement terms, our legal adviser says the flats to whom he sold does not have any document so we can easily remove them.
My question is since he acted ultra virus to the said agreement, what action we should take? Should we wait till our agreement period gets completed which will be completed in September 2012? Our we should do it before it gets over?
One more thing, the person who stays in 2 flats, as on today almost 5 months over. He may apply for ration card, electricity etc and create documents..so can we intimate electricity company etc not to provide any connection due to above reasons? Since our advocate suggested to give notice to electricity company disclosing above facts and requesting not to give connection for any application for above location..
Raj Kumar Makkad
(Expert) 18 March 2012
You can adopt all means to restrict the occupants to make their stay permanent there and try to even evict them forcibly if possible.
Sam D'costa
(Querist) 18 March 2012
thank you sir..so should we take stay now?
