Illegally occupying property
Rauf Jalal
(Querist) 04 March 2012
This query is : Resolved
I have a farm house and an apple orchard. For looking after the farm house i got a servant and built a small cottage for him. Everything was normal until the servant died.
I employed his son after his death to look after the orchard but he did not work properly and I asked him to leave .
Now he is not leaving the property and asking me that he and his father spend 30 years looking after the property and wants money to leave.
We were paying salary to both son and father from the beginning. They were our servants and now are creating trouble. The papers of the property they are living in is in my name so is the insurance. The main gate of the property is through his house and so i everyday enter through it and use the the area around it.
Need Help to remove him from my property. Can I go to the police and what legal action can I take.
Raj Kumar Makkad
(Expert) 04 March 2012
You can give him a notice and can demand the eviction of the main gate site within a very short span being he has been terminated from the service of guard failing which either file police complaint or take shelter of civil court.
Practically it shall be easier and less time taking if you come to any settlement with him or get eviction at your own level.
Kirti Kar Tripathi
(Expert) 04 March 2012
I agree with Mr. Makkad. It appears the residence was given to as part of condition of service and after termination, you have aright to get back the same. However, it is always better to resolve the dispute by mutual settlement rather to indulge in litigation.
prabhakar singh
(Expert) 08 March 2012
Both M/s Makkad an Tripathi have provided right guidance.
V R SHROFF
(Expert) 08 March 2012
The main gate of the property is through his house , "NEVER USE THIS WORD, HIS HOUSE"
It is basically a farm house, and they are your servants. They mist follow your orser.
or with police, just throw all their belonging., and demolish the said house.
If ready to evict with small amount, ok , pay them, otherwise spend elsewhere to remove the,m.
Basically they have no right.
Rauf Jalal
(Querist) 08 March 2012
Thanks everyone for the guidance..
