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Diptendu Banerjee (Sr. Engineer)     09 March 2012

How to force a caretaker of apartment to leave

I have two flats in same apartment, one is owned by me and the other one is joint property with my wife. We are living there since the initiation of that building 2003. We have 2 building in that small apartment. We don't have any registered owner's association. We used to nominate people to operate it. We have a servant who takes care of sweeping, cleaning, operation of Pump electricity etc. and attending the post man etc. He stays with his family, since last three years. But since last two years he is being engaged in different types of anti social activities, He does broker of flats and has some anti social friends. He steals money from maintenance, electric bill etc. and that becomes a common practice now, and the committee has provided him ample chance to rectify but no change in his behavior yet. Most of the time I stay out of city for my job and my wife looks after all the family matters and looks after two school going daughters. Once my wife opposed his activities, one and a half years back, and since then he threats her, use bad languages and so on. At present our committee is headed by all the house wives, they also asked him to leave, put notice on that and moreover, due to safety I asked my wife to lodge a complaint against him to the police. In spite of all these, he is still staying in the house, because he is backed by two-three flat owners' who use him for their own interest. I have all the written evidence taken against him to produce and moreover he didn't produce any identity, he doesn't have any appointment letter.

In this context how can I proceed legally against him and get him out of the place quickly? Please advice.

My wife stays alone with my daughters. So, I am scared of their safety

 



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 1 Replies

Sudhir Kumar, Advocate (Advocate)     09 March 2012

you gave him custody.  So tresspass is not made out. But unauthorised occupation is there as long as you prove that he is not a tennant which he will try to prove.


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