NITIN GUPTA (PROPERIETOR) 20 February 2013

Civil help

I purchased a flat (3B) in Howrah(W.B) and got it registered on 30th Aug 2012 and since then it was being renovated by the Interior Designer, however on 13th Oct 2012 the Police came and arrested the workers and asked us to vacate the flat and discontinue the work. We came to know that there was a Tenant who used to stay on the land where this Building was constructed and to empty his place he was promised an area of 450 sq ft on 3rd floor (Irrespective of the flat no.) by the Landlord. The 3rd floor consist of 2 flats 1) 1250 sq ft Flat 3A and another 620 sq ft Flat 3B which was provided to me. The tenant applied for an injunction over my flat however the civil court has ordered to maintain status quo over the same. How can I get rid of this issue and get the possession of my flat. My Mother is very sick and we have to empty our old rental flat as soon as possible.

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3 Replies

Rajendra Shrivastava (advocate) 04 March 2013

by filing a counter claim on basis of ragistered sale deed in that suit which has been filed by socalled tenent to retain possesion thereof.

Adv k . mahesh (advocate) 07 March 2013

before filing counter also discuss with your builder and landlord which makes you to add some more points if you discuss

gopal (Faculty) 07 March 2013

This is a civil matter. even though the ordered to maintain status quo over the same. by the Civil Court. The police do not have powers to directly enter into the civil maters. The tenant has to approach the civil court the court has to issue the notice to you then it will be decided by the Court.

But in your case i suspect that the tenant influnced the police to involve in this case. Do it as per our experts advice