Option for getting relief from them court
Monika Verma
(Querist) 18 August 2014
This query is : Resolved
I had leased a flat to a company in April 2010. Later on I found that the company had fraudulently forged the documents and had kept criminals in my flat with the intent to force me to sell the flat. However, I was able to get relief from the court in the case filed by theses criminals. As the court had declared all the occupants illegal after expiry of the lease agreement on 16.10.2012. Subsequently, these criminals fled the property leaving behind some stuff in the flat and changed the lock. Now for more than three years, rent and society charges and electricity dues have not been paid. Pl let me know how ican get possession of the flat under my control. I have not signed any agreement with the two people staying in the house. As the company owner who had signed the agreement had denied signing any agreement with me in the court and this person had never stayed in my flat and the criminals staying in my house have also filed in the court that no agreement had been signed by them with me. Pl let me know the options a available. Thanks and rgds.
Devajyoti Barman
(Expert) 19 August 2014
You better take possession of the flat. If the original lessee denu any agreement with you and the actual occupiers left the property then you can take possession of the flat.
malipeddi jaggarao
(Expert) 19 August 2014
I suggest you to break open the lock by making panchanama and listing the articles found in the flat. Engage an advocate to be present at time of taking possession. He will draft the panchanama and list of article. You preserve these articles separately for some time and keep the original copy of panchanama with you to avoid any trouble in future.
Rajendra K Goyal
(Expert) 19 August 2014
Take help of local police, break open the flat, prepare panchnama before 2-3 witness.
ajay sethi
(Expert) 19 August 2014
agree with experts
Monika Verma
(Querist) 19 August 2014
Thanks for the advice. however, my lawyer is asking me to file an application for the direction of the court for vacation of the flat as they apprehend that there would be a suit filed in the court for stealing of the stuff. These criminals have a group of lawyers helping them in the various courts as there are criminal cases against them pending in various courts. Pl let me know how much time it will take for the court to give such directions in the matter. Thanks and regards.
malipeddi jaggarao
(Expert) 19 August 2014
It is a civil matter. Nobody can tell you specific time period. If your lawyer can manage to get the case on the bench at the earliest, better you follow his advice so that there will not be any problem in future.
T. Kalaiselvan, Advocate
(Expert) 24 August 2014
If there is a court order in your favor, you can file an EP for possession and to break open the lock if necessary with the help of police.
