b man (Namaste) 24 June 2012

Illegal eviction-limitation case

Hi,

I was illegally evicted (water cut, elect cut forced to move residence temperarily, I had not vacated the flat) then the bldg was demolished for redevelopment.

I want to hold all the concern persons accountable for their criminal acts and demolishtion without my consent (had sole possession of the flat for past 11 years).

The STATUTE OF LIMITATION, I was told by someone has passed as the case is 1 year old.

I wish to know how do I get JUSTICE in when limitations period has passed.

Surely, the LAW can't say that the limitation period has passed so the CRIMINAL ACTS of the accused can be excused.

Does that mean that I person who due to financial constraints did not act for 1 year has NO RIGHT TO GET JUSTICE.

I FIND THIS SHOCKING. Please suggest some way out for me.

thanks,

Regards

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4 Replies

N.K.Assumi (Advocate) 24 June 2012

You should have move the Court when you were asked to vacate temproarily.Now the building has been demolished, so what can you expect from the court?

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 24 June 2012

Dear Querist,

Facts are not complete enough to deliberate. Though on the first blush.

A person illegaly evicted can seek recovery of possession for 12 years.

They have committed the offence of mischief/tresspass/assault etc. for which you can complain even after the first year. Lapse of time won't erase an offence. If that was the case for such offences, all a person had to do to evade the law was to commit an offence, and then hide for an year and then escape with impunity scot free.

Feel free to talk with complete facts !

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b man (Namaste) 24 June 2012

Hi,

Thanks to everyone for replying to my query.

The said flat was my father's (who expired 9 yrs ago. Intestate). Then with consent of all the legal heirs it was transferred to my mothers name. I was miss guided by everyone into believing that by NOMINATING my sister for the said flat, my father had given all ownership rights to her & I had no rights to the same. Therefore I too gave consent for transfer.

Rest of the family members gave consent for redevelopment, I didn't give any such undertaking.

The society should have gone to court and said that almost everyone has given consent and only I'm not co-operating so please issue an eviction order against me. No such thing was done. They broken the flat lock and threw my things out illegally.

Please help me with your guidence, I'm about to approach the Bombay High Court, but my lawyer says that if my family members have given consent, then the court will not entertain my plea. Even if I was wrong they should have followed proper procedure to get me evicted.

I will need my learned friend to support me in my quest for justice.

Warm Regards,

Bye