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Specific relief, suit for eviction

(Querist) 28 August 2016 This query is : Resolved 
The case relates to leave and license agreement between us and the owner for a period of 11 months (unregistered agreement). after the expiry of the period of 11 months the agreement was not renewed and we continued to stay in the flat premises and pay the pre-decided compensation amount of rs 5000 to the owner regularly for a span of 2 years after the expiration of the leave and license agreement. The owner did not object to it and continued to receive the said amount. after a span of 2 years he told us that he wanted to sell the flat premises and hence we orally informed him about our intention to purchase it. Later on we sought time to verify the title of the premises and meanwhile did spend a sizable amount in renovation of the flat.( we have the reciepts of the expenditure incurred on the renovation, paint, repairs ). while verifying the documents of the title we came to notice that the tax receipts and the electricity bill is in the name of someone else and we informed this to the owner. thereafter He sent us a legal notice seeking possession of the said flat to which we replied in our legal notice that the title of the premises is not clear and hence we do not want to proceed with oral agreement for sale as decided earlier. Subequently, we came to know that the title of the flat is not clear and we did not proceed with the oral agreement for sale. he filed suit for eviction and recovery of damages under section 34 of the specific relief act. Suit is decreed ex-parte, where we are told to hand over the possession as well as pay an amount calculated 10,000 per month from the date of filing of the suit till the final judgment ( 16 MONTHS APPROX). execution of decree proceedings are pending for adjudication. what can we don now?? thanx for the advice in advance.
Raj Kumar Makkad (Expert) 28 August 2016
Oral agreement has no value in the eyes of law. The real issue is that you didn't care for the notice of the court and allowed it proceed you ex-parte. None is responsible except you for this situation. It is better now to immediately vacate the premises and handover its vacant possession to the landlord and make the payment of the arrears at the earliest and second option (though feeble) to challenge the order of ex-parte and decree passed against you before the upper court and get some more time.
adv.bharat @ PUNE (Expert) 28 August 2016
Anurag you may act according to expert adicve and get benefit from it.
Anurag (Querist) 28 August 2016
thanks for your valuable inputs to both the learned counsels. But still sir, though i am not an expert in law, i have a query that assuming for a moment that we din appear before the court and the proceedings went ex-parte. but isnt it wrong that the question of law as to the , the renovation amount spent by us is returnable to us, or the title of the plaintiff (relied on agreement for sale from the original owner of the flat) is final? is agreement for sale sufficient to establish title? if it is not then weren't we correct to seek the original documents for title before paying consideration for the sale?

ANd lastly, we were constrained from making appearance as my father was undergoing treatment for the last one year..we are in dire need of advice sir, we are on the receiving end as the amount spent on renovation of flat is gone, and now again we have to pay damages to the plaintiff.
Anurag (Querist) 28 August 2016
sir one more thing sir, the leave and license agreement was executed by one power of attorney holder, and the suit for eviction was filed by another power of attorney holder . we kept paying rent to the first power of attorney holder.
Raj Kumar Makkad (Expert) 01 September 2016
If you have paid the rent to first power of attorney holder and change of power of attorney holder has not been given to you then you are not liable to pay even a single penny more than that amount but this plea is to be taken before the court by way of concrete proof. You can seek setting aside ex-parte proceedings or can even file an appeal against the impugned order before the appellate authority, however, you are not entitled for the refund of the amount incurred by you on the renovation of the property as you did it without written authorization.
Rajendra K Goyal (Expert) 02 September 2016
Agree with the advice from expert raj kumar makkad ji.
cherukuri prasad (Expert) 05 September 2016
stay the execution and file an application under Order 9 Rule 13 of CPC for setting aside the exparte decree. Make it fast.


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