Can a suit be runing inside of a bank ?
simy
(Querist) 17 September 2014
This query is : Resolved
Bank is the owner of a chawl area. Banks wants the land back & send evac notice to all tenants.The tenants are called in bank and both party lawyers are present. During this sessions the tenants are asked questions like since when you are living in chawl, are u original tenant, asked to submit proof copies, etc.
When asked that why is all this happening and how can a suit run inside bank(nationalised) i was told that central govt has given authority to the bank.
Is there such a law/act? How is judge not there then and why the case is not going in court but instead is in bank premises itself?
First we tenants got notice from bank and later we were told that the case is filed.
What goes in Plaint is something like this:
Before HONBLE ESTATE OFFICER (BANK NAME)
(Appointed under the public premises eviction of unauthorized occupants act, 1971) PPE&R.
And both tenant's lawyer & bank's(landlord) lawyer are present in the bank during the sessions and recently our lawyer told that we will file written statement.
Please help and let me know, thanks.
Anirudh
(Expert) 18 September 2014
Just because the owner is asking the tenant some details, does not mean that it is running a Suit. Whether the matter is to go in court or not they will decide after ascertaining who is in real occupation of the chawl. Whether he is a original tenant or not etc.
Dr J C Vashista
(Expert) 18 September 2014
The matter is between the bank (landlord) and tenants, hence it is not yet a suit till it is filed before the court.
M V Gupta
(Expert) 18 September 2014
If the Bank claims that it became owner of the chawl have they served notice of acquisition on all the tenants and asked them to pay rents to it? Perhaps tenants will be within their right to demand details of ownership of the bank before furnishing details wanted by the Bank. Definitely the meeting that took place in the Bank is not suit proceedings.
Kumar Doab
(Expert) 18 September 2014
Bank is collecting details for its own purpose.
It is upto you to visit bank , share the details in person or not.
Likewise you can also ask the queries that you have and it is upto the bank to reply or not.
You have a lawyer and discuss with your lawyer and decide your next move.
simy
(Querist) 18 September 2014
First we tenants got notice from bank and later we were told that the case is filed.
What goes in Plaint is something like this:
Before HONBLE ESTATE OFFICER (BANK NAME)
(Appointed under the public premises eviction of unauthorized occupants act, 1971) PPE&R.
And both tenant's lawyer & bank's(landlord) lawyer are present in the bank during the sessions and recently our lawyer told that we will file written statement.
But all the experts are suggesting tat a case cannot happen within bank premises, then what is going on in name of ESTATE OFFICER? can you please explain.
Thanks.
Sudhir Kumar, Advocate
(Expert) 19 September 2014
Earlier you have given half facts and got wrong advise from experts.
Now you have told that you got notice from Estate Officer.
Estate Officer is a quasi-judicial authority under Public Premises (Eviction of Unauthorized Occupants) Act, 1971.
Sudhir Kumar, Advocate
(Expert) 19 September 2014
you are still hiding the facts that it is a Gov bank and acquired the property in loan settlement
Please correct me if I am wrong.
Dr J C Vashista
(Expert) 19 September 2014
I agree with expert opinion of Mr. Sudhir Kumar, vague and incomplete information cannot be expected to be advised properly.
Contact and consult your lawyer.
V R SHROFF
(Expert) 19 September 2014
It is not a SUIT, it is inquiry , to collect details of tenants..
M V Gupta
(Expert) 19 September 2014
On the basis of new facts it is to be noted that the Bank has instituted proceedings under the Public Premises Eviction of Unauthorized Occupants Act under which the Bank need not approach a civil court to evict tenants occupying its premises after termination of their tenancy. The proceedings can be taken before the Estate Officer of the Bank which is a PSU. File ur objections in the form of written statement as suggested by ur Advocate.
simy
(Querist) 20 September 2014
Thank you experts for your advise. I didnt tried to hide anything but being layman gave half information in first post unintentionally.
Sudhir sir, i am not sure if there was a loan statement, the chawal was always owned by the bank, but now they want it back. The bank is a nationalised bank.
I read through some articles on net, and it seems like the estate officer is one of the public organisation's (bank in this case) member only, but in such a case he will take side of bank only isnt it? In fact our lawyer told that all tenants will be defeated in this case and later we will need to go to appeal.
M V Gupta
(Expert) 21 September 2014
Why do u think of the result without filing ur objections and pleading before the Estate Officer? If u are aggrieved by his order u can approach the Court (preferably by WP) and get it quashed.
Sudhir Kumar, Advocate
(Expert) 21 September 2014
The orders of Estate officers are appealable before appellate authority and later before distt judge.
simy
(Querist) 24 September 2014
Thank you all for your advise.
T. Kalaiselvan, Advocate
(Expert) 25 September 2014
This is as good as a case in the regular court, however this has been instituted under the appropriate act as a special court. The proceedings under this are valid as other civil court and the CPC is followed. You can file a statement through your lawyer for the plaint.
