11 January 2020
Hello, I have taken a house on lease basis for 3 years from XYZ. Similarly there are two more occupants of the same premises who are also lessees. The owner -a state govt employee has mortgaged the property and availed loan from a co-operative bank and has not repaid hence a defaulter now. The resale value of the said premises is lower than the liabilities (bank loan + lease amount of the houses/security deposit). Therefore, the owner does not take any interest in either clearing the loans nor does refund our security deposit. Now we, the occupants of the premises have received the notice from the bank to vacate the houses as the bank has sought order from the court.
Pls suggest the suitable course of action to be taken against the owner who is currently in the govt service to recover our security deposit.
13 January 2020
First of all send a notice to the lesser for the redemption of mortgage/lease and refund of the security money within a stipulated period through a competent lawyer dealing in the revenue/civil matters and thereafter file a civil suit for recovery of security amount with an application under order 38 Rule 5 read with section 151 of Civil Procedure Code seeking attachment of the property before judgment. Definition of the property also consists monthly salary and all other service benefits. He can definitely be brought under control by adopting this procedure at the earliest.
17 January 2020
You can obtain a stay order from the court till the expiration of the lease period. If the lease agreement is by a registered document then you can easily obtain a stay order from the court against this forcible eviction, if not then you may not have any option than to vacate the premises. For recovery of the security deposit amount you may issue a legal demand notice to the landlord and then file a money recovery suit against him in the civil court on the basis of the evidence for this security deposit.