premises rented out by unauthorised person
Vijay Kumar
(Querist) 20 July 2010
This query is : Resolved
A building is vested in a society duly registered under Societies Registration Act. Only its governing body has the power to rent out its premises. But an ordinary member of its Executive Committee has unauthorisedly has rented out its premises and also has handed over the possession to the tenant by illegally issuing him the Rent Receipt.
Kindly advice the remedy available to the governing to undo the above-mentioned wrong.
Regards.
s.subramanian
(Expert) 20 July 2010
your doubt is two-fold. one relating to the action to be taken against the ordinary member who let out the property illegally and the second is the action to be taken for the eviction of the trespasser from the property. i would like to point out that the person cannot be accorded the legal status of a tenant since the lease is not by the ec which is the lawful authority to do it. it is by a member who has no legal authority or locus standi to grant such a lease. therefore the person in occupation is merely a trespasser and not a tenant. the society can make a criminal complaint for trespass against the said trespassed and the member who indulged in meddling with the property of the society illegally. the society also can file a suit for the ejectment of such trespasser before the civil court as well. in addition,the member who indulged in this illegal action can also be removed from the society after issuing show cause notice,getting his reply,conducting an enquiry into it in accordance with the principles of natural justice,
Devajyoti Barman
(Expert) 20 July 2010
After giving a notice to the erring member to correct his fault file a written complaint in the Office of the Registrar of Cooperative Society which will adjudicate the whole issue after hearing both the parties.
Chanchal Nag Chowdhury
(Expert) 24 July 2010
If it is in any Metropolitan city, go for summary eviction under Presidency Small Causes Court Act. If not, U have to go in for eviction proceeding.
