Questions on property case progress
Chandrika Subramaniyan
(Querist) 22 September 2013
This query is : Resolved
Property Case Progress
Backround
Flat let out to Tenant about 9 years ago.He had also rented another flat (one opposite to mine).He and his family lived in those 2 flats in the same floor.
Three years ago I intended to sell my flat and communicated this to Tenant to know what his position will be.He offered to buy,price was agreed but no agreement etc were signed, as my terms were straight registration and full upfront payment in white and he had agreed. But he kept postponing the purchase to almost a year beyond agreed date of registration.My lawyers filed a case based on owner occupation. And he had stopped paying rent since then. But due to a second case that we filed for non payment of rent, he had paid rent for pending months to continue the case. But since then his arears of 15 months rent till date are still outstanding . As he was also under pressure from the owner of other flat and possibly due to our ongoing cases in the court, he had vacated both flats about 3 months ago. He has handed the key to the other owner but no to me. Ac and may be somethings are still inside the flat. Electricity had been disconnected to the flat due to his non payment of rent but it was restored 9 days later.
Case
Two cases RCO , one for owner occupation and the other for Non payment of Rent were filed on my behalf and has been ongoing for 2 years now.
Under owner occupation, the case had progressed to cross and argument. During my cross, the court had adjourned due to expiry of court time and had given the next date for continuation of cross. The opposition seemed to have noted (so they claim) the next court date wrongly and therefore did not turn up on the case date. So an order was passed for non continuation of my cross and cross of opposition on following date and they were given Ex Parte.
They had filed an RCA in another court to continue my cross and order was passed to resume the case with continuation of my cross in the initial court. Meanwhile my lawyers had filed a petition that the owner occupation case can be continued only after payment of his rent dues under RCA 11(4) .
His lawyers had filed a written petition subsequently in court that the tenant had now vacated and that they needed time to empty the house of things and handover the key.They had also communicated verbally to my lawyers that the tenant seemed to have an ego issue with me and that ig if I called he will probably handover the key. I called but tenant was insisting that he never told the lawyers any such thing and that he will talk to his lawyers and get back to m and disconnected the phone without giving me a chance to request for the key. But I had sent a detailed messagfe and e mail as to what I had wanted to say. To me this seemed like evading and intention to drag on the court case.
My lawyers now are in favour of taking possession through Police FIR.
My questions are
1.I am petrified even to consider the option although I may be forced to to, to take possession sooner than later.
2.Considering the ongoing case….wont it be a contempt of court should we approach through police eventhough opposition has filed in writing that tenant has vacated ? And would the police accept to raise an FIR ?
3.And what may be the repercussion by this act ? Are there chances that Tenant can take me to court should we reposes the flat through police ? Could there be chances that he may harass me and my family as he knows where we live ?
4.My lawyers were considering commissioning the court and attaching the property that are found within towards rent arrears. Would this mean that the court would take the key of the flat from opposition and inspecting the premises ? Or will they break open the door ? Would they they give me the possession of the flat ? What are the complications that can arise in this scenario ?
5.I had a suggestion from a person who is experienced that to request the Judge to come and inspect the premises by himself to ascertain without a notice to opposition ? Is this feasible ?
I would be grateful for your thoughts, observations ons suggestions on above. All of you experts have been immense moral support so far. I thank every one of you for the same.
Thanks
CS
ajay sethi
(Expert) 22 September 2013
be brief and to the point . summarise your query in 2 paras
V R SHROFF
(Expert) 22 September 2013
Q: "I had a suggestion from a person who is experienced that to request the Judge to come and inspect the premises by himself to ascertain without a notice to opposition ? Is this feasible ?"
Court commission can be appointed for that purpose to inspect the premises, but need to apply opp party can file say/ object it.
Chandrika Subramaniyan
(Querist) 22 September 2013
Thank you....apologise for lengthy version....but though it would be useful in giving a fact based input....Thanks...Cs
R.K Nanda
(Expert) 22 September 2013
QUERY TOO LONG TO REPLY.
Sudhir Kumar, Advocate
(Expert) 22 September 2013
