Building owner has filed a case
Suraj
(Querist) 10 September 2014
This query is : Resolved
My dad is working in an office at Fort, Churchgate. His boss has been in that office since 1932. Since that time onwards all the light bills and telephone bills are in their name. They do have a bank pass book with their same office address. The only thing they don’t have is the records of the person from whom they received the office, since during those days’ paper works were infamous and had taken the office by just a word-of-mouth.
But since a year or two, their building owner has filed a case against them, stating that they are illegally staying in the building and needs to be vacated. Even their building owner is not ready to accept their maintenance and other charges from them and is only asking them to vacant the office.
My dad’s boss has appointed a lawyer to fight for the case, but since two years he is only taking dates and extending the case. Recently the lawyer took Rs. 50,000 from my dad’s boss and now has asked to find some other lawyer, since he said that he will be losing the case. Also he suggested that we make a compromise with the building owner and give 50% of the office to the building owner.
So kindly suggest, how could my dad’s boss win the case and get all the required formalities to be done.
Thanks Ajay Sethi and Rajendra Goyal
Hi Ajay Sethi,
As per you question, I did a detailed questionnaire with my dad. Also I did a Google search to understand the various grounds of eviction.
So some years back the actual tenant who has handed the office to my dad’s boss used to come to their office and collect the rent and pay it to the landlord. Those bills they do have it. But then the original tenant expired and there were no whereabouts of him. My dad’s boss came to know when they read about him in a new paper. By that time the landlord of the building also got changed and this new landlord did not accept any rents just by stating that the office in which they are staying is illegal.
This new landlord has stated in his case statement stating that “Illegally occupied office space in his building”.
The light bill that they pay is in the name of the original tenant till date. Only the telephone bill and the bank pass book is in their name since 1932 onwards
ajay sethi
(Expert) 10 September 2014
how was rent paid ? does boss have rent receipts ? what is ground for eviction made by landlord?
Rajendra K Goyal
(Expert) 10 September 2014
Consult some other senior lawyer, show him all the documents and discuss full case with him.
You can consult expert ajay sethi who is rom Mumbai.
Suraj
(Querist) 11 September 2014
Thanks Ajay Sethi and Rajendra Goyal
Hi Ajay Sethi,
As per you question, I did a detailed questionnaire with my dad. Also I did a Google search to understand the various grounds of eviction.
So some years back the actual tenant who has handed the office to my dad’s boss used to come to their office and collect the rent and pay it to the landlord. Those bills they do have it. But then the original tenant expired and there were no whereabouts of him. My dad’s boss came to know when they read about him in a new paper. By that time the landlord of the building also got changed and this new landlord did not accept any rents just by stating that the office in which they are staying is illegal.
This new landlord has stated in his case statement stating that “Illegally occupied office space in his building”.
The light bill that they pay is in the name of the original tenant till date. Only the telephone bill and the bank pass book is in their name since 1932 onwards.
