filing for damagaes and etc

Querist : Anonymous (Querist) 12 February 2010 This query is : Resolved
sir, MY FRIEND PURCHASED ONE PROPERITY FOR 50 LAKHS FROM DRT ON AUCTION AND IT WAS DULY REGISTERED BY DRT,IN THE YEAR 2003.BUT WHEN WE APPROACHED FOR POSSESSION SOMEBODY IS THERE AS TENANT AND REFUSED TO DELIVER THE PROPERITY.SO GOING ROUND THE DRT COURT CIVIL COURT ND ALSO HIGH COURT AT LAST IN THEYEAR HE COULD GET TO HIS POSSESSION IN THE YEAR 2009. SO FOR SIX YEARS HE LSOT RENT OR INTEREST AGONY EXPENESES ETC FOR 6 YRS SO NOW WHAT TO DO GET DAMAGES.PL ADVISE

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R.R. KRISHNAA (Expert) 12 February 2010
File a suit for damages before the civil court.

B K Raghavendra Rao (Expert) 12 February 2010
Your friend out to have claimed rent, damages etc., while moving the courts for possession. Now, your friend has taken possession through court. From whom does he claim damages or loss of rent? It is difficult to realise that amount. Legally speaking, he may claim the amount from the previous occupant of the building. File a money recovery suit.

Raj Kumar Makkad (Expert) 12 February 2010
Recovery suit filing is the best remedy in the given case.

Parveen Kr. Aggarwal (Expert) 13 February 2010
Your friend will have to file a suit for recovery of the 'use and occupation charges/mesne profits' from the previous occupant of the house property. As the limitation period for recovery is three years so, your friend can only recover such charges for the period not exceeding three years.

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