Victim licensee in hand of bank

Sir/Madam

Plz. read

1. Plaintiff paid Rs 300000 as deposit to Owner of the Flat in 2014 and executed Leave & License (L/L) Agreement for three years from 03-01-2014 to 02-01-2017. The said L/L agreement was registered by paying registration fees.

2. In 2016 the Plaintiff come to know that Owner had taken home loan from Bank and he defaulted and his home loan account eas transferred to NPA (None performing Asset)

3. Plaintiff filed RCS in 2016 against Owner and Bank, too

4. The Bank obtained order from District Magistrate in November 2016 umder SARFAESI Act to take forcefull possesion of Flat

5. But the Bank waited till 02-01-2017 (Date of expiry of L/L/ Agreement) and then Bank came to take forceful possesion of Flat with help of Police

6. The Plaintiff rushed to Civil Court and argued as under :- The Bank is involved with owner and hence they waited till expiry of L/L Agreement so that they can expel the Plaintiff out of house without giving back his Deposit The Bank misconceived the law points that in the clauses of 07 and 12 of the L/L Agreement it is mentioned that after expiry of L/L Agreement the Owner will refund Rs.300000 to the Plaintiff and Plaintiff will vacate the house. And the Civil Judge granted “Status Quo Order”

7. Then Bank made application under Order .9A of CPC to decide point of Jurisdiction and argued that because the L/L Agreement period expired on 02-01-2017, hence the Plaintiff must be out of house.

8. The above application was strongly objected by Plaintiff

9. While deciding the above application u/o 9A of CPC, the Civil Judge framed preliminary issue as “Whether the suit is maintainable for want of jurisdiction” ?

10. But Civil Judge passed following Order “Since the period of leave and license of the plaintiff stands extinguished on 2.1.2017. the cause of action stands extinguished on 2.1.2017. The suit, therefore, becomes infructuous and hence not maintainable and hence disposed off and accordingly status quo order revoked.

11. Now the Bank again sent notice of Tahasildar and Police to take forceful possession of Flat on 13-11-2017

12. Plaintiff wants to file Appeal before District Court with prayers therein

(a) To set aside the said Impugned Order with necessary instructions to the Civil Judge

(b) Pending the appeal to pass interim order restraining respondents from taking forceful possession

Plainitff wants to file Criminal case against the owner for concealing fact of loan taken by him from Bank

also wants to file Criminal case against Bank for having ill intention to adopt wait and watch policy till 02-01-2017 (date of expiry of L/L Agreement) and not appearing in pending RCS before Civil Court till 2-1-17 with malafide intention to throw the Plaintiff out of house after 2-1-17 without giving back his Deposit amount at the behest of owner of the Flat.

So Kindly guide for improving the above arguments

and regarding Prayers Clause of Appeal

and regarding criminal cases

Regard

HARIOM