I own a function hall, which is under the process of an on-going case in the DRT (Debt Recovery Tribunal) since past one year. It happened due to the failure of repayment of a loan in the required period of time, provided to me by a bank, to which the above stated property was given as a collateral security. I paid certain amount within a month of time since the case initiated, which was ordered by the DRT. And after that, till now, the case is under the process of date allotments or postponements for hearing.
Now, the situation is, when I was ordered to pay a certain amount to the bank at that above stated time period of one month, I took some amount of money from a financer and due to immense pressure on me at that time, I agreed to an agreement, which were the terms and conditions of the financer in return of providing me that money. He made me signed a lease agreement of the above stated property of 18 years providing me rupees ten lakhs and above. Now, due to the failure of payment of that amount since past one year, this man with his other men have captured or confiscated my property and stole my important documents, files, receipts of various functions, cheques, etc. When approached to the police officials of that area , they said that this man is legally right, and I must say he made arrangements with higher authorities and planned well before grabbing my property. And after 3 days he sent me a notice from civil court, which permitted him to use the property, forbidding me to cause any interruptions and to maintain a Status Quo for a stated period and to appear in court at a stated date(about 15 days later) with my explanations.
This is the scenario at present....
My question is, whether this lease agreement stands legal or not, when the other party was well-aware that the property was already under-going a case of debt recovery in the DRT ?
And even if the court accepts this agreement, then, is it possible to achieve possession of my property and make an end to this agreement asap, if I am willing to pay the lease amount including the fine charges if ordered by the court. Can this happen?
Can I get a stay order on the Status Quo?
Please help with a positive solution and opinion. I would be very thankful and appreciate any provided help.
Thank you for your precious time !
