Land grabbing

ESKAY01972 (Querist) 22 November 2011 This query is : Resolved
I AM 69 YEARS OLD AGED PERSON CURRENTLY RESIDING AT TIRUPUR.

I AM HAVING MY ANCESTRAL PROPERTY LAND AT TIRUPUR PRIME LOCALITY AREA. FOR 11 MONTHS LEASE PERIOD THIS LAND WITH SHED WAS GIVEN TO RUN A BUSINESS TO WHOLESALE FRUIT MERCHANT (ADVANCE ONE LAKH AND RENT RS.8000/-) AS PER LEASE AGREEMENT DATED 15MAY2009 WHILE GIVING RENT HE HAS TO GET RECEIPT FOR RENT PAYMENT.

BUT AFTER OCCUPYING THIS PROPERTY IN THE MONTH OF MAY 2009, THIS TENANT HAS NOT PAID SINGLE MONTH RENT, WHENEVER I DEMAND RENT HE TOLD US HE WILL VACATE THE LAND IMMEDIATELY AFTER THE LEASE PERIOD. FINALLY AFTER EXPIRING OF LEASE PERIOD I ISSUED LEGAL NOTICE TO VACATE THE PROPERTY ON 30.04.2010.

BUT THIS TENANT WENT ON POSTPONING THE ISSUE UPTO 15 MONTHS.(EXCLUDING LEASE PERIOD)

IT CAME TO OUR KNOWLEDGE THAT ONE CRIMINAL CASE UNDER SECTION 302 IPC IS ALSO PENDING AGAINST HIM. NOW HE IS THREATENING TO SELL THIS PROPERTY TO HIM.

I LODGED POLICE COMPLAINT WITH TIRUPUR SUPERINTENDENT OF POLICE ON 07.10.2011 VIDE COMPLAINT NO.3455. AND I WAS DIRECTED TO APPROACH LAND GRABBING CELL. SUBSEQUENTLY I MET LAND GRABBING CELL. BUT INSPITE OF SEVERAL VISITS TO LAND GRABBING CELL,THERE WAS NO PROPER ACTION. BUT THESE POLICE PEOPLE COLLUDED WITH MY TENANT AND THEY HAVE NOT TAKEN ANY ACTION EVEN AFTER ONE MONTH. AFTER LODGING POLICE COMPLAINT MY TENANT APPROACHED CIVIL COURT ON 28.10.2011 TO GET INJUCTION ORDER. BUT HONBLE COURT HAS NOT GIVEN INJUCTION ORDER.

NOW YESTERDAY I WENT TO CELL, I MET POLICE OFFICER, AFTER GIVING LOT OF PRESSURE THEY CALLED MY TENANT AND ENQUIRED THIS ISSUE FOR FORMALITY SAKE. AND POLICE OFFICIALS ARE SAYING THAT WE ARE HELPLESS SINCE THIS MATTER IS PENDING WITH CIVIL COURT.

LATER IT CAME TO KNOW THAT,THEY ONLY HELPED AND ADVISED HIM TO GET INJUCTION ORDER FROM COURT. TILL SUCH TIME THEY KEPT THIS COMPLAINT PENDING FOR MORE THAN ONE MONTH. HOWEVER COURT HAS NOT GRANTED ANY ORDER.
IN THIS SITUTION, KINDLY SUGGEST ME WITHOUT PAYING A RENT WHETHER MY TENTANT ABLE TO GET INJUCTION ORDER?
IS THERE ANY COURT JUDGEMENTS AVAILABLE TO VACATE THIS MERCHANT. PLEASE SUGGEST ME IN THIS REGARD.

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Devajyoti Barman (Expert) 23 November 2011
You need not worry much.

The suit filed by the tenant seems to be a declaratory so you can not evict him forcefully.

Now you can either appearing in the same suit file a counter claim of eviction on the ground of- (i) efflux of time, (ii) arrears of rent,
No court allows the tenant to fight an eviction suit without clearing the pending rent.
So get in touch with a lawyer soon.