Can I post on my blog this mail????
One of my tenant has spent several lacs ( more then 12 lacs) on
higher studies ( MBA) of his children and I can prove same. They spent another 5 to 8
lacs for treatment in costliest hospital for one of their family
member. He owns several cars, laptops, mobiles, TV, bungalow, travel
to US and Hongkong frequently and these have been agreed by him in
cross examination.
I cud not send my daughter for MDS and my son for MBA as I am just a
insurance agent where as this tenant is a big time gems and jewelery
exporter.
But in appeal court their advocate just uttered words/ stated that
his client was poor and did not have enough money so court decided
mesne profit as Rs 1000/- per month. People in Mumbai pay more then
that as parking charges, as maids salary etc..
I had furnished before Hon. court Leave and licence agreement papers
of buildings around this tenant but court said that landlord should
have also given valuers certificate. Firstly has courts set a rule /
list of valid documents to be given as supporting documents?? No! Then
how can a court refuse to accept one valid document and pass an
adverse order when they have never prescribed / issued list of
documents required to prove a point.
Secondly while court refused to accept tenancy agreement on one hand
but only verbal/ false statement accepted that tenant is unable to
pay higher / market mesne profit and thus same was fixed at Rs 1000/-
only when rent in slums for same size of room is Rs 5000/- . Bribe for
illegal footpath vendors is more then Rs 5000/- pm. And LO! court did
not ask tenant to substantiate their claim by producing their IT
papers, net-worth, bills of Mobile, electricity, car ownership etc
etc..
Also I hv come across first case of mesne profit but my advocate must
hv come across same hundreds of time.Did he advise me on getting all
those supporting documents which courts expect? No. Did I get
opportunity file those ?? No. Did I get opportunity to insist that
tenant must give supporting documents to substantiate his claim that
he can't afford to pay higher mesne profit? No.
So by writing these facts am I committing contempt of court???
Tenant has already filed contempt case on me on similar blog and
exonerated that I had an opportunity to go to higher court in appeal.
Is going in appeal everyones cup of tea???
1. I had ailing father and had to look after him (who just expired at
the age of 89).
2. I can prove thru my IT papers that my income is not sufficient to
bear expenses of higher courts.And that my income is much less then my
tenant.
3. I have to work hard for earning two square meals and thus can not
just remain seated on benches of courts which keep giving
adjournments.
4. I have lot of social responsibilities and I am meant for honest
good work and activism and has to keep time for same. I am not the one
who will squeeze all facilities given by society and give nothing in
return. Definitely tenant rape every inch of rented and not rented
place and in return only give abuses, harassment, nuisance etc.. But I
am morally bound to attempt to repay 10 time more to my community, my
area, my well wishers and my country then what I take from them.
5. I need time for my health and family.
6. I hv to work hard to pay so many taxes and duties and levies
imposed by govt, BMC, and others.
So I can not be just expected to keep going in appeal for callous
orders and managing advocates. So why can't I raise my grievance on
blogs and mails. After all I am not lying like my tenant and his
advocate!! And this I can do without any expenses and without
affecting my other routine pressures like I am blogging right now when
it is 3.24 am. Where as courts will call me at peak hours and I will
loose my earnings and yet ,pay to advocates, their assistants , then
many others as per their advise , pay for typing, xeroxing , get no
parking , staircases and toilets are stinking and breeding deadly
infections, there r more then 60 - 70 matters per session , yet matter
is kept back and litigant is asked to wait and finally he gets
adjournment without transacting anything.
I am saying everything which I can prove but it seems still same is
contempt of court. So can one conclude that presenting facts is
contempt and lying is not.
Requesting all with folded hands thee wise-men of present society to
advise me/ guide me.
