Society dues & encroachment

Mohammed Rizwan Shaikh (Querist) 16 December 2012 This query is : Resolved
Respected Experts,

There's a flat in Dahisar and has been illegaly occupied/encroached by a local goon. The said flat has maintenance dues somewhere around 6 lakhs. Society procured Recovery Order 101. The matter is now with the Recovery Dept.

The original owner approached the Recovery Department as the owner is will to pay the sum amount. SRO informed him that on inspection they found out that the illegal occupant is ready to pay the dues to the Society. The owner of the flat even requested the SRO to seek Police help inorder to sack the illegal encroachers. But they are not willing to do so as they say that they only have Recovery Power, they even told that the society only can sack them out and the society should refrain from accepting the dues amount from the illegal encroachers.

In the above mentioned circumstances,

What's the legal remedy left with the Original Owner?

Can the Owner file a suit for eviction against the Occupant or the Society and restrain the Society not to accept a dime from the encroachers?

Sincerely needs your guidance as the flat is worth in lakhs.

Rizwan Shaikh

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Raj Kumar Makkad (Expert) 16 December 2012
Recovery of outstanding dues and eviction are two different matters and should not be clubbed at all. If such encroacher pays the outstanding dues in your name then you have no problem and move ahead in filing a civil suit for eviction and if he not paying in your name then you are liable to pay and then move as advised.

Society shall not get the eviction rather this is your liability to stand at your own legs.

ajay sethi (Expert) 16 December 2012
society will not accept any maintenance from encroacher . only from flat owner .

to evict encoracher file civil suit for eviction