Need an expert advice
SUMANTA BANERJEE
(Querist) 13 July 2013
This query is : Resolved
I am very simple and honest person. I am staying in a flat in Mumbai (Mira Road) since last 10.11.2002 with my family (Wife, Daughter & Son). As I came in this flat by rent in Nov'2002 the Landlord (Licensor) had made an unregistered leave and agreement, which was expired on 09.10.2003. He didn't renew the agreement further as he offered me to purchase the same flat in March 2004. I was also interested and asked him to proceed for bank loan and do the necessary formalities. Since his flat was mortgaged to his employer MTNL, he told me that instead of bank loan you pay me in next 5 years. The value he had asked 4.5 lakh as per the prevailing valuation. Once I asked for the sale agreement /at least MoU, he asked me to keep full trust on him as he will immediately stop taking rent and will not renew the leave and license agreement. Till 2009 I had paid total 4,23,750/= by cheque 3,23,750/= and by cash 1 lakh as per oral deal. After my repeated request of my last payment of 1 lakh by dd on 01.08.2009 he kept quite as saying don't worry as soon as my loan will complete I will register the flat on your name. All of sudden on 25.03.2012 he came with hired goondas and tried to throw out my everything from the flat and physically abused me. I made N.C with the nearest police station on the same day and filed a civil suit at Thane Court against him on 30.03.2012. As soon as hon'ble court was granted stay order he desperately threatened me with goondas and political persons as well as local police. Needless to say that I had made several N.C. with local police station at Mira Road. Despite of my repeated police complaint once I got harrased by the then Senior P.I. of Mira Road police station, I took the help of hon'ble SP of our jurisdiction to prevent such activities. After my such efforts he filed an eviction suit under MRCA 1999 with the false and fabricated notice of revoke of license, which he had never sent to me but claimed in his case that he had sent the same by hand and it was refused by me also prepared some other fabricated documents with the connivance of our housing society's chairman. The first hearing date was 19.06.2012 before the Competent Authority, MRCA, Konkan Divn. Bandra and eviction order was served to me within one month i.e.on 24.07.12 by the competent authority with the direction of arrears of compensation Rs.3,72,000/= and fixed the rent @Rs.14,000/= per month from 01.05.2012 till I vacate the flat. I had filed my revision petition on 16.08.12 before the Hon'ble Addl. Commissioner, Konkan Divn. The first hearing date was on 22.08.2012 when the Hon'ble Addl. Commissioner was granted stay order on the orders passed by Bandra MRCA court subject to a security deposit of Rs.50,000/= within one month, which I had deposited within given time after which the Hon'ble Addl. Commissioner was hearing the case till 7th May 2013 and after final arguments the case was closed for Order on 07.05.2013 but the said Order is not yet received/known. On 9th July'13, I came to know that the Hon'ble Addl. Commissioner, who was hearing my case has been promoted to the rank of Commissioner and there will be a fresh hearing of my revision petition by the new Addl. Commissioner.
In the mean time to base on the last year's eviction order of MRCA Bandra, the Hon'ble Civil Court at Thane has rejected my Exhibit-5 application for interim relief on 18.04.13. I have filed a revision petition to Thane District Court to challenge the order on 30.04.13, which hearing is scheduled on 20th July'13.
Needless to say that my both advocates are putting their best efforts. My only mistake was that I had trusted on him and without any written documents I went for the said deal for which today I am paying heavy dividend. At this juncture I need some expert advice too as we are spending sleepless nights.
With warm regards
Sumanta Banerjee
Devajyoti Barman
(Expert) 13 July 2013
Since your advocates are doing good job, have patience and belief on them. You are in right track.
All the best.
R.K Nanda
(Expert) 13 July 2013
consult local lawyer.
Rajendra K Goyal
(Expert) 14 July 2013
Repeated query:
http://www.lawyersclubindia.com/experts/Need-an-expert-s-advice-397286.asp#.UeKAdW2Lq_I
