Collision between landlord and tenant

ali (Querist) 27 March 2016 This query is : Resolved
I have a property and myself stays out of India and the property is manage by one of my relative and under security at gate for 24hours by two watchman shiftwise.
One fine day, a third party came to the property with beleiff and police protection to execute a eviction degree and handing over physical possession to the land lord mention in the awarded degree by the competent court.
The beleiff in presence of police threatened the watchman and caretaker and forcefully taken the keys of the house and through the belongings of watchman outside the building and made a panchnama report saying vacant possession is delivered to the land lord mentioned in the awarded degree, eventhough my watchman and caretaker saying that the owner is out of india and even i talk to beleiff he says i have to follow the court documents and as per court documents the owner is with me to take the possesion.
however, i called my lawyer to check how some one can take the possession by false declaration in the court and how the court passes such degree or judgement without checking the authenticity of the ownership..
my lawyer explained that if any landlord and tenant establish a relation in front of the court then court does not ask the proof for the ownership
This loophole in law has created so much inconvenience to me and my family, everyone is tense and i have to rush to india leaving my work abroad and have to look for competant lawyers for reversing the degree by prooving myself as landlord by showing the original ownership documents and other necessary related documents of electricity, water, muncipal tax etc...
however my lawyer say it will take several months to get the order reversed
and simeltenously he is planning to file a criminal case against the persons who posses themselves as landlord and tenant

my question is
we cannot claim the losses from the government for keeping the loophole in this law..

can i claim the loss of rent for the period the case is proceeded.

what other actions can be taken in this case, can some one advise please i will be greatful.
also if you need further details or copies of the court judgement and copy of suit file by the cheating landlord/tenant
can be provided.

thanks

Follow Query

Report Abuse

R.K Nanda (Expert) 28 March 2016
consult local lawyer.

A. A. JOSE (Expert) 28 March 2016
Prima facie, I find something amiss ! Can you please furnish the copy of the plaint and the Court's decree to have proper view of the issues.