Un-lawful recovery of suit premices
anil a ghaisas
(Querist) 28 August 2022
This query is : Resolved
We are having a rental tenement in Dombivli East. Our landlord has filed a suit for eviction on grounds of default of Rent payment & nonuse of place This is a case in Kalgan Civil Court since 27/8/2008 I pay rent very regularly in court in advance every year on both of us, My Nabor A. R Desponde
Earlier All this is being done as a part of harassment as he had filed a similar suit against us in 1993 which was subsequently decided in our favoring 1992
Since then he did not accepts the court's order & thus it was contempt of court But we kept quite and continued sending rent by Money Orders & he continued to refuse the same
Again after about 16 years he file suit in 2008 which refer referred above His intent is to evict us & contact malty story bulling in that premises Hence he is bent on evicting us since begging
During hearings in the meanwhile Land lord has claimed accommodation under Bonafide conditions for his use > Further he specifically stated in his affidavit that his brother is not having any accommodation
Our Building is in Prominent Place near Staining and has a good chances/ Scope of creating huge Source of Income by Developing A Tower
We have submitted (i) Details of the Area of vacant rooms in the said building in his custody
(2)We have given related photos of my landlord sons second ownership accommodation in the DOMBIVLI & Also given a related agreement for reference
In all 7 persons are staying in his family, and occupying around 5000 sq. ft. area in their hand.
Leaving aside all this evidences the suit has been disposed On this basis there is scope to believe that some mollified transaction has been done by landlord & the decision is purchased (en-cashed)
Kindly give your verdict on this query whether it is fair & legal decision of evicting us from our accommodation
We have sufficient documentary proof to prove that it’s a clear-cut case of arrestment
Ultimately we shall be requesting Court to give us a review Order or / we may proceed in appeal . pl advise how far our stand will be successful
Yours Sincerely
/A R Deshpande
kavksatyanarayana
(Expert) 28 August 2022
You anil a ghaisas put the query but in the last, you mentioned your lawyer name is not correct. The landlord may file an eviction suit as it is his own property. If you have any valid objections you have to submit them to the court through your counsel.
Dr J C Vashista
(Expert) 28 August 2022
You have stated, that,
"Kindly give your verdict on this query whether it is fair & legal decision of evicting us from our accommodation"
Please appreciate the fact that a verdict is delivered by the Court and not by experts on this platform.
Seek guidance of your lawyer.
Advocate Bhartesh goyal
(Expert) 28 August 2022
If you are not satisfied and aggrieved with the judgment passed by court may prefer an appeal before appellate court.
