eviction of unquthorised pesons
c.a.ashok kumar
(Querist) 12 November 2010
This query is : Resolved
my friend took a propety through drt and appointed an advocate commsioner to handover vaccant possion.she evicted all the tenent and origional owners property were kept inside room and sealed.upto 2 months we did not distdubed.in mean time we tried to open the propety ,the ex-oweners with rowdy and local people were stoped us and the mater went to police.the police already given protection to us in earlier eviction.Now the police is threating us not to open the house.The opposite side advocate asks 10 days time to get the say oder,since the power given by the ex-owners were misused by the powerholder.Drt aution was not proper.we saw that all the maters were done poperly.
Raj Kumar Makkad
(Expert) 12 November 2010
Take the shelter of court and get the direction to implement the order of auction and sale-certificate duly issued in your favour.
Devajyoti Barman
(Expert) 12 November 2010
The court which allowed the auction and sale can pass necessary order to implement its own order.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 November 2010
There are many provisions it the SARFEASI act which are not followed by the lender and hence the original owner can initiate action against auction / sale letter and even possession.
Copy paste masters dishing advice has no actual experience of legal procedures and just to satisfy they are dishing out advice which is relevant or not.
s.subramanian
(Expert) 13 November 2010
You can file a suit for injunction as suggested by Mr.rajoo.
Advocate. Arunagiri
(Expert) 13 November 2010
There is no need for court direction to implement the auction, because the auction was decided in your favour, the possession is handed over to you.
What went wrong in your side is, you have taken possession by keeping their property inside a room? I dont know how the advocate commissioner had done this. The advocate commissioner should have taken the vacant possession.
If at all you have taken the list of the properties in front of witnesses, at the time of taking possession, you have to return the properties to them, that is all.
They have right over their moveable properties which are available in the house. But they do not have the right over the property (building) on a whole.
You are the lawful owner now. The police can not interfere. If you have threat by anybody, give a police complaint to the superior officers.
Sri Vijayan.A
(Expert) 13 November 2010
I fully agree with the view of Mr.Arunagiri
