Put stay order
Umesh Gadikar
(Querist) 22 March 2012
This query is : Resolved
Hi,
We have land purchased in 1972. There are total 14 rooms on it and we gave it to 14 diffrent families on that on rent.
Now since 1987, they are not paying any rent and they have also did some construction on that.
Some of them have also sell the rooms to other party.
Now recently one person has purchased one room and doing construction withour our permission.
Now we want our all the rooms back and if the persons who are staying there wants to purchase it then it is also fine. But we do not want to give them without any cost.
Is there any way to put stay order on our land to stop him to sell our land to others, also not give it to any other person on rent and also not do any construction on it without purchase it from us.
we want to put only one stay order on all the 14 people. Is it possible to do this or we required to put on individual person ( i mean is only one stay order is enough or we have to go for 14 stay order, one for each)?
Please give your valuable suggestion.
Thanks,
Umesh
Adv.R.P.Chugh
(Expert) 22 March 2012
No, Since you have a seperate contract with each of them - your case of action (right to sue) against each of them is seperate. You can't file a single suit. You'd have to file different suits - though they would be heard together.
File a suit for recovery of possession.
Raj Kumar Makkad
(Expert) 23 March 2012
You shall have to file separate cases against each person grabbing illegally your property. You can very well get stay order if you have ownership and those persons are illegal enccroachers. You can get back your entire property. Engage an experienced lawyer and move ahead.
Umesh Gadikar
(Querist) 23 March 2012
Thank you very much Mr.Bharat and Mr.Raj Kumar for your valuable reply.
One more thing is, right now we do not have any contract with any of the people there. Because let's say we give one room to person A with contract, now after some time they sell it to person B and we do not know that person., so how can we processed?
Can you please also let me know what will be the minimal expense for one stay order and also how long it will take to get back our entire property.
Umesh Gadikar
(Querist) 26 March 2012
Can you Please reply on above query.
Thanks,
Umesh Gadikar
V R SHROFF
(Expert) 26 March 2012
Rented room is not allowed to be sol;d or given to others,
So get eviction order fro Court.
Thee is no need for stay order, as law itself do not allow sublet.
You can get Declaration that the room is occupied illegally, and order restraining his entry in your plot of land. in those cases.
The Original tenants, if not payig rent can be evicted.
Those who may deposit rent in court, or offer, cannot be removed.
ALL CASES MUST BE FILED SEPARATELY WITH DIFF TENANTS.
Umesh Gadikar
(Querist) 26 March 2012
Let's say we send them notice through the court to pay the pending rent and if not then evict the room. Then what will the action from their side. Because they are staying there since long time and we do not have any contract with them.
Also one more question, if they are agree to pay the pending rent but if we do not want to continue to give room on rent to them then can we do this?
Umesh Gadikar
(Querist) 27 March 2012
Can someone reply on above query?
