Eviction

Querist : Anonymous (Querist) 27 March 2011 This query is : Resolved
Hello All,
Mr. A working with a well known Property Developer and during the employment he was provided with an accommodation in one of the companies flat in a registered Co-operative Housing Society.
However the company sacked him without assigning any mistake on his part from the job and asked A to vacate and give peaceful possession of the flat. No proper termination / relingusih letter is issued.
Mr. A is not going to the office and also not vacated and given possession of the flat. The company had sent his personnels for getting Mr. A evicted from the flat. However Mr. A being an expert asked the Developer to give a proper Notice to that effect and called upon the developer not to send any person for getting him evicted illegally without due process of law.
There is no proper written agreement / Deed between Mr. A and the developer except a writing signed by Mr. A in favour of the developer that the developer is granting the premises for residential use and Mr. A will vacate after termination of services...
Now even after expiry of Three months from the date of ORAL termination, the developer has kept mum about the falt and is not asking the possession of the premises.
However at a point of time the developer has agreed that they may sell that flat if Mr. A need to purchase. now Mr. A is financially in position to purchase the flat what remedies are available with Mr. A.
Should Mr. A vacate the flat or can he purchase the flat. Wat actions can the developer take to evict Mr. A. Mr. A is in peaceful possession and is paying Electric, Water and maintenence to the society. Please advice proper solution if required i can also meet personally for further actions....

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bhagwat patil (Expert) 27 March 2011
Purchase the flat.what are papers you are having? engage a lawyer.

Kiran Kumar (Expert) 27 March 2011
for eviction the peaceful action will be through court only.

if both the parties are agreeing for transfer by sale then there should not be any trouble...find out the authenticity of the documents regarding the flat and if the property is clear then proceed accordingly.

Guest (Expert) 27 March 2011
Purchase of flat should be preferable provided the property is free from any encumberance.

BUT, what about service? Do you also want to claim benefits related to your service rendered to the developer.

Devajyoti Barman (Expert) 27 March 2011
A is in absolute illegal occupation of the flat and whether there is any salary due to him or not, he is liable to evicted. His status is now as an illegal occupier and not even a licensee. It is surprising that the Employer did not take any action against him.
So it is advisable that A either vacate the flat or to purchase the same.

H. S. Thukral (Expert) 27 March 2011
Agree with Mr. Barman. There is provision in the Companies Act( sec 630) where by he can be prosecuted if the employer is a Company.

Querist : Anonymous (Querist) 27 March 2011
Thank you all. I highly appreciate the efforts taken by you all.

Interestingly all the oRIGINAL papers relating to title are in the possession of Mr. A, the employer had given the same during the time of giving possession to get the name of company recorded in the society's record and electricity bills.

Also Mr. A would be negotiating with the company later for damages for depression caused to Mr. A for arbitarily throwning out. However no relinguish letter has been given to Mr. A till date.

Mr. Barmanji technically speaking Mr. A may not be in illegal occupation as still he has not be released by the company legally.

Also as far as the Section 630 of Cos Act is concerned it is not applicable as Mr. A is not working with the company. Section 630 is applicable to Offficer / Employees of the company only.

THE ONLY CONCERN IS THAT THE COMPANY IS NOT ACTING NOW. WHAT MAY BE THEIR FURTHER STEPS.

Querist : Anonymous (Querist) 28 March 2011
pls. answer my query..

Querist : Anonymous (Querist) 05 April 2011
Dear Expert,
Pls give ur experties to this

Eviction

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