Respected Experts,
I have just logged in to this site after reading good responses from experts on queries asked by general people who have little or no knowledge of Law.
I also hope to get positive response from experts on my query.
We have 2 story building constructed on 30 Sq. yards only. the ground floor of property was sold to Party X in the year 2004 and lent out 1st and second floor to party Y in the year 2008.
I have got a 27 pages legal notice dated 08.08.12 from Tis Hazari court regarding stay on sale of 1st and 2nd floor and further construction of 3rd floor and demolition of 2 floors (already constructed in 1992) to ground floor.
What amazed me is that the notice was handed over by some policeman to party Y (residing on 1st and second floor). we did not receive notice through speed post or Normal post and Plaintiff of the notice is Party X (Case lodged by party X) and defendants of the notice are 1.) Me 2) Delhi Wakf Board 3) MCD.
Party X is our immediate neighbour (tenant) also to whom we have sold our ground floor at the price of 1.5 Lacks in 2004.
We are planning to sell rest of the two floors also to built a home somewhere else in Delhi/Noida. our neighbour (party X) got the hint of it and party X approaches us and requested us to sell above 2 floors to them at very low price of abt 5 lacks only whereas we got so many parties who are ready to pay above 9 lacks for both floors.
Now the base of her notice is that as its a wakf property , we can neither be sold it nor any type of costruction can be reaised without permission of defendant 2. (wakf board).
Party X mentioned in the notice that-
1) we have raised illegal construction of 1st and 2nd floor over the suit property (my house) in the recent past whereas we have constructed both floors in 1992.
2) we have started raising illegal construction over 2nd floor by sighting availability of some building material on the roof of second floor. (yes- some material is there: but we have bought it for repair of some part of second floor and that too 1 year ago and left out material was stored in store room on the Terrace). we have no intentions to build another floor.
3) officials of Defendant 2 (wakf board) and defendant 3 (MCD) are in league and connivance with Defendant 1. (Me), that is why Defendant 1 have been indulging in illegal activities without any check from any corner, Hence plaintiff is filing the present suit against defendant 2 and defendant 3 without serving any statutory notice : Again a lie, now Party X have taken wakf board and MCD under the loop.
PRAYER: it is therefore most respectfully prayed that this hon'ble court may be pleased to
1) pass a decree of permanent injuction in favour of plaintiff and against defendant 1 thereby restraining him, his associates rom raising illegal construction in the suit property and further restraining them from Selling to any other third person.
2) to immediately demolish all the illegal costruction already made i.e from ground floor upto 2nd floor.
Now I would like to highlight few important points.
1) Plaintiff (party X) who resides next to our house has not alloted house number and thus have no permanent address- party X had illegaly occupied the left out space near to our house 20 years back, we helped them at that time as being a good human being and set example for the humanity, allowed them to built their house next to us. Still we have window at first floor which was closed by the wall of their (party X) house. still we dint say anything to Party X. The address on her application on notice is of that of her relatives whose house is 2-3 streets behind ( 200 Metrs) away from my house and her house.
Actually party X is a lady with 5 childerns and non-working husband. we juss given them a shade where she ran business of Kirana shop and later on went to built 2 floors over it but now She is going against us as she does not want us to sell 1st and 2nd floor to other person at higher price though she is ready to buy at lower price as already mentioned.
2) The whole locality where our house is of Wakf property. There are about 500 homes (all wakf property) built there that too upto 3 or 4 floors.
Her notice is false and beseless as the whole locality is established on wakf property and so many people has already sold their properties in the area without prior permission of Wakf board and MCD. the most important point against her is that she herslef has bought our ground floor in 2004.
when she can herself buy a wakf property withiut prior permission from Wakf board and MCD then why the hell she is raising the point of not selling wakf property to third party???????
secondly, if her request of demolishing our house till second floor is to be accepted then all houses in our locality should be demolished including that of her.
Thas about my case- Hope I have been able to putforth my case very clearly infront of you- All experts are requested to give their vaubale suggestions for how to tackle this false case against us??
Shall I fle defamation case or RTI against her or shall i give reply to her by hiring some advocate??? please suggest...
regards,
Ajmal Fahad.
Engineer/BHEL
