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Fraudulent sale of tenanted property by public trust.

Querist : Anonymous (Querist) 21 January 2011 This query is : Resolved 
We are tenants of a public trust. We have come to know that the trustees have fradulently sold the land and building on it at a lower rate than offered by the tenants without giving us a chance with the help of corrupt Charity Commissioner as when we took up the matter with him in 2008 he kept quite and did not gave out the deal details. We have managed to get a copy of CC's order in the matter and proves serious criminal conspiracy between the builder, trustees and Charity Commissioner.

The deal was stuck in 2007 and was kept under wrap by these thugs and now the builder has served eviction notice on tenants.

Pl. advice if we can challange the fraudulent deal and if so how ? Pl. help us. We have documents to sustain and have formed a tenants association to challage the sale.
bhagwat patil (Expert) 26 January 2011
You have every right to protect yourself under tenancy act.collect all the proceedings of charity commissioner under RTI . If you have full proof evidence regarding your offer you can proceed.
Advocate. Arunagiri (Expert) 26 January 2011
Get an injunction from the civil court against the eviction, to protect your tenancy.
Querist : Anonymous (Querist) 31 January 2011
Thanks experts for your valued comments but when we discussed this with advocates / legal consultants they suggested following course of action. Pl. suggest the better option for us:

Opinion of Adv. A: Challange the sale in the high court and prey for 1)Transfer of all eviction cases cases filed by the builders (new owners) to High Court or stay them till High Court verdict is out verdict is out. 2) Allow tenants to carry out repairs to the two buildings. 3) Instruct builders not to interfere with repair work carried out as per law. According to him if the builders don't recognise the tenants association registered with CC file the case under umbrella of association to save on cost and the suit can be filed even at this stage after a gap of 3 years.

Adv. B: a) File a declarity suit for tenancy rights b) Male RTI application for getting full procedure documents for the order passed by CC. c)Challange sale of property due to wrong word used in the order of CC as the land is of lease hold and can only be ssigened and the fact that the tenants were not intimated by the trust although tenants were in negotiatioins with trustees and had made offer.


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