Illegal occupation of my flat.
khurshied hakim
(Querist) 15 March 2012
This query is : Resolved
Dear Sirs,
We own a flat in pune city area in my wife's name. Since our contractor in the factory was homeless, we had allowed him to stay in the vacant flat. We had not taken any rent from him on the contrary we had furnished him with a fridge, air-cooler, TV etc for his comfort.
Around eight months back he raised a dispute and left the factory alongwith workers who were under his contract. He had agreed to vacate the flat on his return from a trip to Iraq. However, it is now well over 5 months he has neither called up nor vacated the flat.
Three months back he send me a legal notice under 'certificate of posting' addressed from our flat, that he was working as an employee for us and that we had terminated his service, and that he should be reinstated or else he would drag us to the labour court, in case we did not reply within 7 days. We did not reply.
What action should be taken to evict him, so that we may be able to have the possesion back.
Best Regards/KQH
M.Sheik Mohammed Ali
(Expert) 15 March 2012
i hope that you are not entitle to any agreement with him, and he is not in that house at present, you have all the documents, so very simple you do open the flat and remove all the his goods and through out, you did not inform to him and if you go for own occupying or give any other for lease or rental with agreement, the earlier tenant could not prove it that he is rental or leasor, so dont worry do it immediately.
ajay sethi
(Expert) 15 March 2012
how cna you give posession of your flat to any contractor? you have not enetered into any agreement with him nor taken any rent nor any security deposit .
when he left your factory with his workers you should not have cleared his dues without obtaining posession of flat.
now that he has issued you a legal notice do reply to same . deny that he was your employee . the question of reinstatement dosent arise .let him move labour court if he so desires .
Deepak Nair
(Expert) 15 March 2012
Yes. Reply the notice by denying all the allegations. Reply shall be sent to the same address from where the notice was sent.
For possession of your flat, you can approach the police and file a complaint stating all the details. Produce all the title documents to prove that the flat is yours. Even if the police fails to take action, the complaint filed by you will benifit you in case of any litigation.
adv. rajeev ( rajoo )
(Expert) 15 March 2012
when there is not agreement between you and him you don't have to worry. Take the possession of the property immediately.
Sankaranarayanan
(Expert) 15 March 2012
When he left from the service is any agreement on works or is he came under pay role of your factory hw long he worked in under. Why the reason he gone with other workers. As for as the place which you given shellter you just approach the police by complaint carring all facts and ask them to instect those person to vocate your premises if refuse then approch the court and get order to vocate himm
Kiran Kumar
(Expert) 15 March 2012
if you can manage throw him out....I agree with advice given by my worthy friends which is more guided by legal principles.
otherwise, just throw him out with the help of some police kind of stuff....rest of the things can be managed later.
danda power is best suitable medicine for such people.
I am sorry my advice is totally illegal but legal process is too annoying in such cases.
JT Rajasuriya, Chennai
(Expert) 15 March 2012
Is it possible to reinduct him and ask him to hand over the flat.
