Property possession
Mudassirkhan Pathan
(Querist) 03 April 2013
This query is : Resolved
My name is Mudassirkhan i am a MUSLIM
A property owned by my Family (Ancestral Property)is leased to STATE BANK OF INDIA BRANCH RAIBAG_591317 DIST:BELGAUM STATE KARNATAKA the building has been leased to SBI since 1984 i.e right its construction since then the lease was renewed after every five year the last renewal was on 1 APRIL 2005 & the lease has expired on 31 MARCH 2010 during this tenure of lease the rent was lump sum 8000 PM, we had offered renewal of lease only if the rent was paid on per square feet basis regarding this we had sent request proposal & also met personally to the Branch Manager since 1 April 2010 The bank SBI has not renewed the lease nor have vacated the Premises we have even filed a Property possession suit in the court of law (AUG 2010 till now the case is under trial)we are bearing a huge loss please suggest me.
prabhakar singh
(Expert) 03 April 2013
The tenancy of SBI has expired by efflux of time on 31 MARCH 2010.
Eviction suit is already filed.
I think damages must have been claimed for wrongful use and occupation at market square feet rate desired.
I think the SBI might be depositing rent month to month.
If not move an application to strike out their defence(W.S.)
I also think it would be Small causes suit.
Ask your advocate to expedite the proceedings.
Mudassirkhan Pathan
(Querist) 03 April 2013
Yes sir SBI are depositing the monthly rent of 8000 as decided in the lease of 2005.
Sir our advocate is less interested in matter i requested him also claim for wrongful use and occupation at market square feet rate desired but he says untill lease matter is not solved we cannot file the suit.
ajay sethi
(Expert) 03 April 2013
litigation is time consuming . it takes years for suits to be disposed of .
prabhakar singh
(Expert) 03 April 2013
I disagree with your advocate opinion then.
According to lease SBI as gentle lessee was required to either get the lease renewed or to VACATE your premises on it's own but it did not do so.
Then when you filed suit you could have claimed damages at market rate per square feet.
It stinks if it was not done.
This is why they are happy in dragging the time as they would enjoy the benefit of their own wrong as much as they delay.
In my opinion you should amend your plaint
to claim damages at market rate per square
feet at least from last three years(the period for which limitation is alive)I am sure you would get it ultimately from the final decision of the court .
Adv k . mahesh
(Expert) 03 April 2013
yes litigation is very much time consuming
R.K Nanda
(Expert) 03 April 2013
no more to add.
Mudassirkhan Pathan
(Querist) 03 April 2013
So is their any option for us so that there may be a settlement or any option for consumer court...???? or or any interim appeal at HIGH COURT
prabhakar singh
(Expert) 03 April 2013
I HAVE ALREADY TOLD YOU TO AMEND THE PLAINT FOR RELIEF OF DAMAGES.NOTHING MORE YOU CAN DO JUST NOW.
Devajyoti Barman
(Expert) 03 April 2013
Yes do as advised above. the civil suits do take decades to finally dispose off.
Without amendment you can not bring new facts.
Raj Kumar Makkad
(Expert) 03 April 2013
You need to first change your lawyer and then shall have to move an application under order 6 Rule 17 read with section 151 of CPC seeking amendment of your suit by inserting relief of mesne profits as the market value as per your calculation.
