Restoration of Tenancy
Subrata Banerjee
(Querist) 13 January 2010
This query is : Resolved
A tenancy of 37 years were taken back temporarily for demolition and construction of a new multistoried building by an agreement with the erstwhile landlord in conjunction with a developer.Later the agreement was not honoured and it is found that the Landlord has gifted away the property to his blood relatives two years prior to signing the agreement thereby taking the tenancy by fraud with perticipation by developer.An appeal was preferred on a order by the Ld.Civil Judge(Sr.Div) after a late discovrey of fraud from public documents U/o 39R 1 and 2 with section 151 CPC invited showcause within 15 days without the grant of injunction sought produced an injunction by the Ld.District Judge with issuance of notice and response sought within 10 days from the date of receipt.Served.Not claimed by all 32 respondents except three of the respndents none of which are principal parties.What should be the next course of action?Because the respondents are rich,powerful and resourceful they are trying to avoid /delay the action at the legal forum.Further even aftre the lapse of the agreement period 3 years has passed.The erstwhile tenant is going on paying rent at exorbitnat rate none of which has been reimbursed by the parties concerned in spite of express mention in the agreement.What should be done for early restoration of tenency pending disposal of the suit.Is there a scope for any interim order? Crimnal complaint is also filed and suitable directive on police from High Court is contemplated.The Jurisdiction is that of Calcutta High Court.Please advise effective and quick relief.
Devajyoti Barman
(Expert) 13 January 2010
Without going through the case record it is difficult to advise on the information furnished by you. There are various methods to serve the summons. The financial might of the opposite party should not stand in the way of justice. The tenancy can not be expired unless khas possession is specifically surrendered by the tenant expressing his clear intention not to continue with the tenancy. Mere delivery of possession for development of the tenanted property does not extinguish the tenancy. For further help, if needed, send details.
Raj Kumar Makkad
(Expert) 14 January 2010
Submit clear facts of the case so that accurate reply may be posted.
Subrata Banerjee
(Querist) 15 January 2010
Subrata Banerjee Flat 3A, 2nd Floor, 5/6A, Kalicharan Dutta Road, Kolkata -700061.Ph: 913324071910, Fax: 913324985238; Mobile: 98042 51190; 9433975338
e-mail: subrata1959@gmail.com
14-01-10
To
Sri Devjyoti Burman
Advocate,
High Court at Calcutta
Sir,
As kindly desired by you I report the following facts in a chronological sequence for enabling you to form an opinion:
1. One Samir Kumar Guha Thakurta was apparently the landlord of the premises 132/1, Becharam Chatterjee Road, Kolkata-61, having five apartments, who lived in the adjacent house representing himself, his two daughters and only son to the then tenant Subrata Banerjee, who inherited his right, title and interest, on his father’s death in 1999 as the only issue. Rents were paid regularly against receipts by GuahThakurta throughout 2000 to 2003.
2. However it so happened that the property surreptitiously changed hands (by mutation and amalgamation on 10/09/02 without the knowledge of the tenant) the chosen close relatives:
A. Mrs. Kabyashri Guha Thakurta (Daughter-in-Law), wife of the son Nirmalya Guha Thakurta.
B. Ranjan Bhattacharya, (the elder Son-in-law) husband of Saswati Bahttacharya, the elder daughter.
C. Shibnaraya Chanda, father of Kabyashri Guha Thakurta, Nirmalya’s father-in-Law.
Without anyone informing the tenant Subrata Banerjee or giving attornment.
3. Thereafter on 09.10.03 Samir Kumar Guha Thakurta fraudulently executed a tripartite deed along with the promoter of the joint venture declaring himself as “absolute owner†and inducing Subrata Banerjee fraudulently to shift his tenancy for 36 months to allow demolition and construction of a new building by promising him to sale a flat in a relaxed term of payment on completion of the building. This subterfuge and criminal representation only came to light when even after finishing the building and selling 18 self-contained flats in it from early 2007,the so called landlord and the promoter, did not perform the agreement by reinstatement and Subrata Banerjee who moved court to enforce the agreement caused extensive searches in the registry office could find all the certified copies of deeds which showed facts in true light.
4. Curiously the defendant and Samir Kumar Guha Thakurta who was the constituted attorney of the new owners after handover for the express purpose of sanctioning the plan from CMC, and other related works (by their power dated 15.06.02.) contested the civil suit for last two years and never disclosed in course of litigation that he is a dummy.
5. Further acting on a criminal complaint the police charge sheeted Samir Kumar Guha Thakurta and consigned him for trial but let others off the hook, but later revelations proved the culpability of others.
6. In the light of new discoveries a new civil suit has been filed with the Ld. 7th Judge of the Alipore court where an interim order for show cause by fifteen days was received from the Ld. Judge who observed that “ the plaintiff has not been reinstated†but no ad-interim injunction has been granted on 22-12-2009.On appeal of the impugned order to the district judge on the very next day an ad-interim injunction was granted with an observation that “the plaintiff has made out a strong caseâ€. The show-cause was made returnable in fifteen days. The next date is on 01-02-2010.
7. Excepting Saswati Bhattacharya and two flat owners, who were all made parties, none claimed the registered posts of Order Copies with notice for Show-Cuase, and all posts returned unclaimed.
Now it is my endeavour:
I. To go for a magisterial order for investigation to Police on the criminal acts newly came to light by the opponents as for which an FIR has been already lodged.
II. To seek an interim order for reinstitution of tenancy as my family has lost the shelter due to my goodwill act of shifting to facilitate their commercial venture due to old relation. They have not paid single paise of the rent of the alternative accommodation in spite of the express clause of the agreement after my shifting for last 6 years. My current landlord is also restless as I am forced to continue for over three years.
Please advice:
a. What other steps can be taken for immediate relief, restitution of tenancy and compensation being my chief aim, now that they have sold out the flat to another person (that sale deed copy is with me) which the so called landlord and the promoter allotted in their agreement and the fake landlord marked out in his own hand. It is now discovered that fraudulently Samir Kumar Guha Thakurta took tenancy although he had no right to do so on that day he took it with aiding and abetment by the promoter and actual owners, his siblings.
b. What can be done to expedite the above aims as the persons involved are rich, powerful and influential.
c. What are the consequences of the refusal by most to accept the registered post and how it can be used in my favour.
d. A few flats are still vacant in the newly constructed building as per mutation records. Can these be helpful to my cause in any way.
