Eviction
V.S. Gurjar
(Querist) 28 July 2015
This query is : Resolved
I have a property in Mumbai which I have leased it to a Nationalized Bank who had given it to their staff for living.
The property is now in a dilapidated condition and 12 out of 13 flats have vacated for the repairs of the property; however, 1 person along with his family has refused to vacate though he has been terminated from the services 2-3 years back as he siphoned money of one of the Bank's customers.
The Bank has completed all the formalities to evict him as the bank comes under Public Premises Act, 1971 and no Suit in any Court would be maintainable as the Estate Manager of the Bank's Orders are termed to be final but still that person refuses to vacate. The Bank also approached the Police where the Police also refused to register any FIR or complaint against that person saying its a Civil Case.
Whats can I and the Bank jointly do? Someone suggested to file a criminal complaint u/s. 190 (1) (A) or 156 (3) of Criminal Procedure Code in the Dist. Court or approach the High Court?
Please help to suggest.
Regards
Vrinda
Guest
(Expert) 28 July 2015
Court is the only Remedy.Consult your Advocates.
V.S. Gurjar
(Querist) 28 July 2015
That even I know... Please help me to understand whether I can file a criminal complaint in the court and under which sections???
Guest
(Expert) 28 July 2015
The Police Officials would have helped you if there was such possiblity.
V.S. Gurjar
(Querist) 28 July 2015
Boss, they avoided saying its a civil case. We can't force the police to take action. Can we???
Guest
(Expert) 28 July 2015
They are right in saying it is a Civil Dispute.Even in Court you could file a civil case only.
V.S. Gurjar
(Querist) 28 July 2015
But sirjee, its a nationalized bank which is controlled by Central Govt. and comes under public premises act and no court can entertain any suit or provide injunction as per Sec. 10 & 15 of the said Act.
Guest
(Expert) 28 July 2015
You are the Lessor and Bank is the Lessee.Here the dispute is between the Bank and their Tenant.You are no way related in this matter first of all and you have to only approach the Bank to sort out your grievances.Any how Legally you could Claim the Rent and Compensations as applicable from the Bank Until the Issues are sorted out.
V.S. Gurjar
(Querist) 28 July 2015
Yes Sir... You are right. However as a Lessor, I want that person to be evicted as there are some major repairs to be performed and if failed to perform, there could be damage to his life and his family too. Can I file a criminal complaint of trespassing, nuisance, mischief, etc.???
Guest
(Expert) 28 July 2015
You are No way Connected or related to him.You directly Sue the Bank.Consult your Local Good advocate.As far as you are concerned the Bank and their Tenant would be the Same Please
V.S. Gurjar
(Querist) 28 July 2015
I just wanted to confirm whether I can include criminality against the Tenant to make my case stronger???
Guest
(Expert) 28 July 2015
It should be against the Bank and Not against the Persons who stay there.They are not connected Or answerable to you.Your Action against the Bank would Speak on their Tenants Please.You just send a Letter to the Bank Marking Copy to the Police Commissioner,Local Police Inspector and to their Tenant Saying you would not be Responsible for any Mishaps due to the Condition of the building and request them to vacate immediately.This it self would fetch you the Result.Consult a Friendly advocate for Drafting your Letter Strongly and you send it.You will have the result and if you afford publish a news paper advt regarding the same.
Rajendra K Goyal
(Expert) 28 July 2015
The premises is taken by the Bank and has give to the person as its employee. If the person is not vacating it as per the orders from Bank and local police is not helping, the Bank should approach higher officials for assistance orders.
