A family need help in dying situation

SUMANTA BANERJEE (Querist) 25 January 2014 This query is : Resolved
I am very simple and honest person. I am staying in a flat in Mumbai (Mira Road) since last 10.11.2002 with my family (Wife, Daughter & Son). As I came in this flat by rent in Nov'2002 the Landlord (Licensor) had made an unregistered leave and agreement, which was expired on 09.10.2003. He didn't renew the agreement further as he offered me to purchase the same flat in March 2004. I was also interested and asked him to proceed for bank loan and do the necessary formalities. Since his flat was mortgaged to his employer MTNL, he told me that instead of bank loan you pay me in next 5 years. The value he had asked 4.5 lakh as per the prevailing valuation. Once I asked for the sale agreement /at least MoU, he asked me to keep full trust on him as he will immediately stop taking rent and will not renew the leave and license agreement. Till 2009 I had paid total 4,23,750/= by cheque 3,23,750/= and by cash 1 lakh as per oral deal. After my repeated request of my last payment of 1 lakh by dd on 01.08.2009 he kept quite as saying don't worry as soon as my loan will complete I will register the flat on your name. All of sudden on 25.03.2012 he came with hired goondas and tried to throw out my everything from the flat and physically abused me. I made N.C with the nearest police station on the same day and filed a civil suit at Thane Court against him on 30.03.2012. As soon as Hon'ble court was granted stay order he desperately threatened me with goondas and political persons as well as local police. Needless to say that I had made several N.C. with local police station at Mira Road. Despite of my repeated police complaint once I got harassed by the then Senior P.I. of Mira Road police station, I took the help of Hon'ble SP of our jurisdiction to prevent such activities. After my such efforts he filed an eviction suit under MRCA 1999 with the false and fabricated notice of revoke of license, which he had never sent to me but claimed in his case that he had sent the same by hand and it was refused by me also prepared some other fabricated documents with the connivance of our housing society's chairman (since last 7 years and he is a broker). The first hearing date was 19.06.2012 before the Competent Authority, MRCA, Konkan Divn. Bandra and eviction order was served to me within one month i.e. on 24.07.12 by the competent authority with the direction of arrears of compensation Rs.3,72,000/= and fixed the rent @Rs.14,000/= per month from 01.05.2012 till I vacate the flat. I had filed my revision petition on 16.08.12 before the Hon'ble Addl. Commissioner, Konkan Divn. The first hearing date was on 22.08.2012 when the Hon'ble Addl. Commissioner was granted stay order on the orders passed by Bandra MRCA court subject to a security deposit of Rs.50,000/= within one month, which I had deposited within given time after which the Hon'ble Addl. Commissioner was hearing the case till 7th May 2013 and after final arguments the case was closed for Order on 07.05.2013 but the said Order is not yet received/known. In the meantime to base on the last year's eviction order of MRCA Bandra, the Hon'ble Civil Court at Thane has rejected my Exhibit-5 application for interim relief on 18.04.13. I have filed a revision petition to Thane District Court to challenge the order on 30.04.13, which hearing is scheduled on 20th July'13. On 9th July'13, I came to know that the Hon'ble Addl. Commissioner, who was hearing my case has been promoted to the rank of Commissioner and there will be a fresh hearing of my revision petition by the new Addl. Commissioner. Finally the New Addl. Commissioner was heard the case on 14th Oct’13 and passed an order dated 12.11.2013 by rejecting my revision petition. I had filed writ petition to Hon’ble Mumbai High Court on 11.12.2013 and the Hon’ble Court was pleased to take the same on production board of 18.12.2013 and fixed the hearing on 19.12.2013. Both the parties were appeared with their advocates on 19.12.2013. The Hon’ble High Court has fixed the next hearing on 23.12.2013, which was not heard as our serial no was 38 and the Hon’ble Court was heard the case till serial no 24 on that day. Next date was given on 06.01.2014 (Monday) and once I had checked online on 04.01.2013 (Saturday) evening I found that the date was changed to 09.01.2014 (till 03.01.2014 the next date was showing 06.01.2014). All of sudden during my absent the enforcement officer of The Competent Authority, Konkan Division, Bandra together with the police from local police station and a team of another 20-25 persons were landed up with an eviction order and forcefully evicted us (my wife, daughter, son and my 80 years old mother who can’t even walk) within one and half hour with all belongings. They have damaged everything. Since this was really unexpected to us and unplanned too, we couldn’t even arrange any accommodation and literally sitting under the open sky till 09.01.2014 with the hope of getting justice at least from Hon’ble High Court. But the Hon’ble High Court had dismissed my writ petition on same day.

My only mistake was that I had trusted on him and without any written documents I went for the said deal for which today I am paying heavy dividend. My main question is that how a person can live in a housing society without any Leave and License Agreement and Police Noc since last 11 years if he is not an owner. At this juncture I need some expert advice too as we are spending sleepless nights.

With warm regards
Sumanta Banerjee

Follow Query

Report Abuse

Devajyoti Barman (Expert) 25 January 2014
Since it has become legal dispute and sub judice to say the least, only legal remedy is now Letters Patent Appeal.
Talk to a good civil lawyer and hope for the best.
You should have applied for stay order while the writ petition was filed and admitted.
Had it been prayed for and granted you could have easily been restored back into the possession.

T. Kalaiselvan, Advocate (Expert) 26 January 2014
Yes as suggested you could have applied for stay order pending writ petition, no doubt your case is pathetic, but now it has gone beyond your control, now instead of wasting more money, time and energy, it is better to look for an alternate solution.