Disspossesion from premises without following law
sandeep rane
(Querist) 24 January 2014
This query is : Resolved
Defendant withdraw plaintiff in june 2007 forcibly from premise in which we had share and after expelling us we had file complaint under section 145 of crpc to get possession .This premises belongs to Mhada. in 2008 april when case under 145 was pending in court mhada in collusion with defendant and local police station in spite of knowing that case under 145 pending against this premises treansfer this premises on the name of third person. after that in may 2008 we withdraw complaint under section 145 and file civil suit but this suit was not filed properly. MHADA ,third party, police station had not made party to the suit and this suit had enormous mistake. in short even the address of premises was not written properly. then lawyer how made this mistakes that god knows.plaintiff was illiterate and could not understand all this. in this court allow chamber summon to add third person as party but plaintiff could not do that did not add third party as paty to the suit due to the lack of legal service because plaintiff was poor. thereafte through legal aid in 2012 june plaintiff withdraw this suit with the permission of the court to file fresh suit on the same cause of action
without adding third party to the suit .after that again plaintiff due to non provision of advocate to the plaintiff by legal aid palintiff could not file suit till yet now plaintiff trying to file fresh suit with the help of private lawyer. add mhada and police housing society and othe person whom he had not added as party in earlier suit.
to file new suit to whom plaintiff is required to give prior notice ?
If plaintiff wants to add police station as party also to the state government and mahada,third party, housing society,chairman and secretary of housing society.
plainitiff know that to add state government as paty notice under section 80 is reuired but this notice to add state government as party to whom is to be sent.
Is any notice need to be sent to police station as party also to mhada,third party, housing society,chairman and secretary of housing society and how and under which section and for how many days ?
can palintiff file suit under specific relief act now ?
In order to receive interim relief in terms of either possession or appointment of court receiver what should be done?
is there need to separate suit for interim relief?
if the court fee amount is 4230 then what can be the average fees of private lawyer to file this suit now in mumbai ?
ajay sethi
(Expert) 24 January 2014
contact district legal aid centre in Mumbai
you have to make MHADA , third person , society , police party to suit . you dont need to make chairman , secretary party to the suit . society is sufficient .
for interim reliefs you have to take out notice of motion that pending hearing and final disposal of the suit court receiver be appointed for said property .
Rajendra K Goyal
(Expert) 24 January 2014
Well advised by the expert ajay sethi ji, agree to it.
