Sir,
I took a shop premises [around 600 sq.ft] for lease 40 years ago in Karnataka. My First owner, after a holy HAJ pilgrimage in 1977, donated our building[900 sq.ft.] to a charitable organisation run by a mosque in Kerala.The present committee has hauled me alone to court in Oct 2007 to either vacate the premises occupied by me or pay 8 times the amount I used to give as rent. They have stated that they have passed a resolution in a meeting to establish their offices in my occupied premises. However I have accepted in court to vacate, if I am paid a lakh for all the expenses, I haven't claimed so far. Meanwhile many Tiles and interior roof shield of my occupied portion alone has been smashed through external forces to give me troubles.
We both partiesMe & the Charitable orgn.) haven't signed any agreements from the very beginning.The previous owner too hasn't shared those papers with the present setup or renewed agreement after 11 months of our occupation, though we have raised rent after the present committee came into being.
Their committee is now registered with Kerala Govt. from 2003. They have recorded false statements in court that they are running school and other activities to help poor Muslim students.I know that,no schools or other charity activities are done by this committee.
Their aim is to sell this portion and derive and share benefits out of this sale .They haven't filed any returns either to state or central governments so far and that has been accepted by the present secretary in the court.Now my query to the forum is,
1]Can a charity organisation sell an asset to any third party, if it is not interested in retaining it?
2]As the rates are on upside day by day ,What will be my position if someone goes to court in future to reverse the sale,after I buy this shop?
3]How could this case fought down,when laws are against tenants in Karnataka now?
4]How shall I escape from them, that this shop never ends up in sale if it goes to third party?
Kindly help me.
My advance wishes to all the Legal Luminaries who help me in bailing this menace.
