Respected Advocates ,
I am having hard time finding an advocate who has fought Gujarat Land Grabbing case successfully.
In short I am 74, I.I.T. Engineer, US Citizen & OCI holder retired & living alone in a Penthouse for last 24 years. In 1999 when I rented it my landlord wanted rent in cash, no rental agreement, orally he said I can stay as long as I want. It was smooth until 2013 when he found a buyer & tried to vacate me by sending two goons at night & forced me to sign on a stamp paper that I have been a Tenant for last 10 years & I will evict in 60 days. So I filed a civil suit which was dismissed by default because he wanted to compromise & started accepting rent in cash again. Then in October 2021 he sent a legal notice thru his lawyer that I am a tenant who hasn’t paid last 8 years rent so I should pay & Vacate. I did not reply to that notice & told him that I did pay him the rent so he said no problem & started taking the rent again. Then in September 2023 he filed an offline application to Mamlatdar using 2020 Act stating that I am a Land Grabber not paying Rent.
So I got the certified copy of the application & Documents he submitted to prove his ownership.
To my dismay he wrote in application that he acquired the penthouse in Sept 2022 using society’s share certificate & he used that to enter his name in (7-12) Extract & he used that extract to enter his name in Property Tax bill & used (7-12) Extract & 1 Year Property Tax Bill in his name to File a Land Grabbing case.
Until 2022 his name didn’t appear in Tax Bills. He doesn’t have (1) Sale Deed (2) Title Deed & Property is not Registered. That was the reason he always wanted rent in cash except in 2004 & 2005 he accepted the multiple month’s rent by 4 checks.
So he filed a Land Grabbing case solely based on (7-12) Extract & Collector & Committee told him to file an FIR & I was arrested on October 12 & put in prison for a week & got bail on the ground of his 2021 notice admitting I am a tenant.
So I want to quash the FIR & Charge sheet.
My biggest concern is that can an advocate argue the case in High Court that he doesn’t have (1) Sale Deed (2) Title Deed & (3) His name does not appear from 1995 to 2023 in Property Tax Bills which is for last 27 years when he booked the Penthouse in 1995?
Or can he get away with Just (7-12) Extract which is he obtained thru share certificate in 2022 & claim to be an owner ?
Thank you
