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k.v.kamath (business)     10 August 2010

Charity Organisation assets for sale?

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 have'nt claimed so far. Meanwhile many Tiles and interior roof shield of my portion alone has been smashed through external forces to give me troubles.
We both parties havent signed any agreements from the very beginning.The previous owner too has'nt 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 benefits out of sale.They have'nt 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 if it is not interested in retaining it?
2]What will be my position if someone goes to court 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.



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