Civil Procedure Code (CPC)

impleading petition

This query is : Resolved 
 

(Querist)
14 October 2010

I was allotted a quarter for residential accommodation in public sector unit, which is having a boundary in which a commercial shutter was constructed by previous allottee of the same quarter. when I was occupied that shed was under possession of a local muslim business man who is having influnce, when I was asked him immediately after my occupation of allotment, he managed in the concerned officails. Recently I was transferred to other area where I was allotted residential accommodation/quarter. When I have given an application for issuuing of house vacation certificate/ the businees men filed a case in Jr.Civil Judge Court and got temporary injection order on the public sector unit.

Now the question is the officials are forcing me to hand over the commerical shutter which is under the possession of third person who is having temporary injection order in his hand and threat force which is beyond limits. The organisation is imposing penal rent charges recovery from my salary and served a letter for punishment. Hence kindly advise valuable suggestion to proceed legally.

B. SUDHAKAR
CLERK, F&A DEPT,
THE SCCL


R.Ramachandran (Expert)
14 October 2010

Dear Mr. Sudhakar,
Do you mean to say that the "commercial shutter" forms part of the main quarters allotted to you or is it a garage attahed to your quarter?

If it is part of the main quarter how you could have taken possession from the Company at the time of allotment?

If it is the garage portion, did you bring it to the notice of your office that the same is under occupation of some third person? If not, why not?

When the businessman filed a case, what was his contention? Did he make you as a party to the case? Did he allege that he was paying any rent to you? Please come up with facts to enable us to give our view.

b. sudhakar (Querist)
14 October 2010

Sir,

I attached a file for information please

Sudhakar

AEJAZ AHMEDOnline (Expert)
14 October 2010

Dear Mr. Sudhakar,

As you are saying that, the present situation is :

" The organisation is imposing penal rent charges recovery from my salary and served a letter for punishment"

First of all, file a "Writ Petition" in High Court of AP by approaching a High Court Lawyer, against the SCCL for such recovery and imposing punishment.

Second, as per me no need to file any "IMPLEADING PETITION" by you in the Original Suit filed by the shed occupant against SCCL. If needed they will file to implead you.

Raja (Expert)
14 October 2010

Yes, Aejaz Babu is correct.

Sudhakar Babu, you can proceed according to Aejaz Babu.

Raj Kumar MakkadOnline (Expert)
14 October 2010

I concur with Aejaz.

M V GuptaOnline (Expert)
15 October 2010

Dear Mr.Sudhakar,
U have not answered the important questions posed by Mr.Ramachandran. It appears from the file forwarded by you that the commercial shed was never in ur possession. Please check whether u had gi- ven any letter to ur Company acknowledging possession of the shed.If no such letter was given, u should write to ur Company that u had never taken possessionof the shed and that u were given possession of the residential portion of the properety only and that u are not responsible for the shed. U should also inform the Company that if it fails to take over possession of the residetial portion of the property u would not be liable to pay any rents for the house and that recovery of the penal rents from ur salary would be illegal. I would suggest that you may consider issuing a legal notice on the above lines through an advocate. If ur Compoany does not respondent postively to the above notice u should approach the court.

pawan sharma (Expert)
20 October 2010

Agree with the Experts.

Devajyoti BarmanOnline (Expert)
24 October 2010

Repeated query



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