Need Help (Owner) 27 September 2010

Never got the posession of flat

Hi,

We purchased a flat from an agent fews years back but never got the possession to it as the person who was living in the house never did vacate it. This person to us was knows as the "tenant" and would leave as soon as we pay money for the flat. That did not happen.

The person actually was the first buyer but failed to pay the total amount of the flat for 8-10 months. They never registered a lease or sale of flat agreement, there is no legal document registered for this deal.

We then bought the flat and now have the legal agreement on our name but we did not get the possession as this person is not ready to vacate even after all his money was returned by the agent. (Bank proof)

Along with the owner, we had then field a case in court about 3 years ago. All this time the person has failed to give a reply and hence court had asked him to pay security deposit and monthly rent for all the past and present months. He did not pay the money for almost 9 months untill now when he refused to submit his flat possession to court receiver. After that he has delayed the limit for some days and then moved a motion and paid the money.

What I understand is that now the interim relief is over and we have not got a date for the case since last 2 months. After consulting few more laywers, they say now it will take 5 - 10 yrs more to get some judgment on this issue.

Can someone throw some insights or any advice how to tackle this?

Thanx

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7 Replies

Need Help (Owner) 28 September 2010

Please comment!

Adv Archana Deshmukh (Practicing Advocate) 30 September 2010

You consult other good local advocate and show him/her all the case papers, because anything concrete can be advised only after studying the whole case properly. Tell your lawyer to take quick dates to expediate the matter. If the court have issued the order to deliver the possession to the court receiver and he has flatly refused to comply with the order then, it is contempt of court.

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Need Help (Owner) 30 September 2010

The court has now accepted his motion to pay the amount, he has paid the amount after the due date and after refusing the court receiver. Can I still raise this issue in the court?

I had taken advice from another advocate and he did point me out that why you did not raise the issue of "contempt of court". If I can raise this issue in court now, will it be helpful in anyway. I fail to understand why my advocate did not point this out as others have.

Also, how to take quick dates as mention by you? Advocates say that since he has paid the amount, now it will take a long long time for this case to get to a judgment. Please Help.

Y V Vishweshwar Rao (Advocate ) 30 September 2010

I agree with the view of Advt Archana ! and add that ;-

I am of the view that you filed a suit for recovery of possession from the person who is residing in the flat with out any right and entitlement and what ever the money paid by him to Vendor was returned to him , his Sale Transaction/Agreement with Your Vendor was Cancelled and then only you purchased it under Registered Sale Deed . The Vendor under obligation to Vacate him and deliver Vacant possession to you . I think you have filed the suit for recovery of possession against the said person in possession and also formally against your vendor . Interim orders are granted receiver is appointed , the Money directed by the Court initially not paid with in time by the said person and when Receiver tried to take interim custody , then he moved a petition and paid amount as directed by the Court though not with in time and the Court permitted him to deposit the amount . Now the Interim orders are continuing !!! and the suit is at trial stage . No w you have to insist for early disposal of the suit to get a decree for recovery of possession , if you /plaintiff are/is senior Citizen , a petition can be filed for early disposal of the suit , otherwise also you can insist and request the Court for early disposal of the suit in view of your urgency and circumstances of the case ..

My above view is subject to verification of Court Proceedings and other facts of the case , in consultation of your local Advocate !

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Need Help (Owner) 30 September 2010

Thankyou Vishweshwar Ji,

I would like to make it more clear that the suit is filed by the owner of the flat and I am the second plantiff. The house is owned by and elderly person but I do not know if he qualifies for being a senior citizne, assuming the age 60+ as senior citizne. I will check on this.

Also, the maintenance of the flat has been paid by me as it was told to me that it is an essential point. Previously the same was paid by the owner of the flat. Should I continue ot pay maintenance or stop it as it's already been 2+ years I'm paying the maintenance. Why should he enjoy on my pocket.

Also, there was no legal agreement / documentation took place in the earlier Transaction/Agreement. Nothing was registered or documented.

Y V Vishweshwar Rao (Advocate ) 30 September 2010

The situation of the Flat-property is not mentioned . However , it is better to take advice from the Building/Apartments owners Association to conclude regarding the Payment / or/ non payment of maintenance Charges with reference to their Regulations/Rules , not payment of Maintenance is connected with Common Facilities to be proved by the Association in the Building and the supply of Common facilities to the Flat , it is connected with the Building Owners/Flat Owners Association .