Expedite Hearing of suit filed
Querist :
Anonymous
(Querist) 25 January 2010
This query is : Resolved
Please help me and inform if there is any provision in the CODE OF CIVIL PROCEDURES as I am a senior citizen,79, and afflicted recently by cerebral heomarrage, and have filed a suit to evict a trespasser. The L&L is over but the licensee continues to occupy my premises. He has also assaulted me when I went to negotiate with the trespsser. I have also made a complaint with the police but they have not acted. My wife and I have no place to stay, we are now taken shelter with relatives.
Raj Kumar Makkad
(Expert) 25 January 2010
You should immediately file an eviction petition before Rent Controller citing the same facts therein and decision shall take place within a short time as you are a senior citizen and courts have full sympathy with them especially in the given matter.
Querist :
Anonymous
(Querist) 25 January 2010
Sir,
This is a matter where Leave & License arrangement expired. Hence, the Rent Controller may not intervene. Pl clarify.
B K Raghavendra Rao
(Expert) 25 January 2010
If trespasser is to be evicted, you need to lodge a complaint with the police and with the help of police you can evict trespassers immediately. If the police are not acting on your complaint, you are at liberty to contact higher ups in the ladder may be the Commissioner of Police.
If a lessee is continuing even after the lease period is over, he has to be evicted only by a court order for which you need to file an eviction case. You have to bear with the associated delay in the matter. As a senior citizen, you get priority hearings in the court.
n.k.sarin
(Expert) 25 January 2010
Agree with the learned friend.
niranjan
(Expert) 25 January 2010
Yes, you have to file suit and not rent suit.The police also will not help you as his entry in the premises is legal and involves civil issue.However you can file police complaint about assult on you and you can also file the criminal complaint in the court if police does not help you.These complaints and the conduct of licensee will help you to drive him out.You may also submit an application to the court for early disposal of the case as you are senior citizen.
Raj Kumar Makkad
(Expert) 26 January 2010
As the trespasser was continuing under lease and license which has now expired even then rent act provisions are applicable and he cannot be evicted merely by police without having orders from rent controller to get it evicted. So evicion petition is mandatory in the given facts.
Querist :
Anonymous
(Querist) 26 January 2010
Sir,
I am told that since I am based in West Bengal section 24 of Maharashtra Rent Act does not apply to my Leave and License Agreement. I have already filed a civil suit for eviction but dates of hearing come only after months,
Please help by telling me if Code of Civil Procedures provides for making application to court for early disposal of the case as a senior citizen is in distress. If it does, please specify details.
Thanks
