Tenancy eviction case
Mohammed Rizwan Shaikh
(Querist) 22 October 2015
This query is : Resolved
There are 2 societies viz A and B. A is the society owner of the land/promoter whereas B is also a society. NO CONVEYANCE has been done since past 30 years. Both the societies are registered under MCS Act. A leased out the land on which the building is standing for 999 years. A and B had agreed that a nominal rent of Rs. 3600 shall be paid annually. B did not pay any rent as A did not demand any rent either orally or written. B is mortgaged with the MCGM wherein it has been agreed that the flats shall be used and purchased only by the BMC employees.
Now A has filed a T.E. case in the small cause court against B society. The said case was filed by the Chairman of the A society with out any society resolution however the Chairman expired after few months of filing the said T.E. case against the Society. This was not brought before the Court however an unknown person who allegedly became the Secretary of the A Society and pursuing the matter that too without any resolution or authority. A Society secretary is using all his resources to harass the B society members.
Can Small Cause court entertain the said TE case as the case has been filed without any authority and the alleged the Secretary has made forged documents like rubber stamps, illegal and fake resolutions?
Can A society secretary's misdeed can be brought up before the court?
Can A's society demand for the rent of 30 years @ Rs. 3600 p.a is legal?
Would sincerely appreciate if any citations are given.
Please help by your valuable advice.
Rizwan Shaikh
Mohammed Rizwan Shaikh
(Querist) 22 October 2015
Sirs,
Please note that A Society Secretary who is not a BMC employee has even purchased a flat in the B society in spite of the Mortgaged Deed with the BMC, how can this purchase be termed null and void as the said purchase is contrary to the deed.
Rizwan
Mohammed Rizwan Shaikh
(Querist) 23 October 2015
Sir,
Forgot to mention that the lease was in respect to the land and not on the structure standing thereon.
Rizwan Shaikh
P. Venu
(Expert) 23 October 2015
What is the stand of B society on the issue?
Mohammed Rizwan Shaikh
(Querist) 23 October 2015
B Society is very surprised as the A Society never demanded the said rent in past 30 years. The demand has been raised by the fraud secretary of the A Society.
P. Venu
(Expert) 24 October 2015
"Surprise" is only a reaction, does not amount to a stand
Mohammed Rizwan Shaikh
(Querist) 24 October 2015
Sir,
as the matter is in the court, the 30 members wants to be on a stronger stand, they sincerely needs help in order to save their property against the devil A Society Secretary.
Rizwan Shaikh
Hemant Agarwal
(Expert) 24 October 2015
1. Society being a "legal entity" will legally and mandatorily require a duly approved "resolution" to "file & represent" the matter in a court.
2. IF the Society has not filed resolution, THEN the case filing is void ab-initio. The said case can be dismissed "for default", IF proper plea is taken, before the judge.
3. IF "B" society has not paid lease rent THEN the lease rent recovery is now barred by limitation and now cannot be recovered, from B society.
4. The Secretary of "A" society can be criminally prosecuted for Breach of Trust and Misrepresentation in the local criminal Magistrates court.
Keep Smiling .... Hemant Agarwal
Read Articles: http://hemantagarwal21.blogspot.in/?view=sidebar
Mohammed Rizwan Shaikh
(Querist) 25 October 2015
Agarwali Namaste,
Many thanks for your inputs, please advice me by which section lease rent is barred. Is it possible for your to emphasize on this, please sir.
Regards,
Rizwan Shaikh
Mohammed Rizwan Shaikh
(Querist) 25 October 2015
Agrawalji Namaste
Many thanks for your inputs, please advice me by which section lease rent is barred. Is it possible for your to emphasize on this, please sir.
Regards,
Rizwan Shaikh
