Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

aliabbas (ta)     27 September 2011

No agreement , not vacating the house

We had given our 2 storey house in a  slum area for rent without agreement , now after 1 years he is not vacating the property , nor paying rent, electric bill etc.

No agreement was made, however we made agreement with another tenant who lives on the 1st floor of the house in mumbai,the accused lives on the ground floor. He falsely accuses us that we took  a deposit of 20000rs from him, rather he is not vacating even after we forsook the pending rent of abt 25000 rs and is demanding 35000rs to vacate.

no agreements were made regarding any deposit since no deposit were given.

he just has the possession of the ground floor of  room

we are senior citizens and police is not helping us



Learning

 17 Replies

adv. rajeev ( rajoo ) (practicing advocate)     27 September 2011

File a suit for eviction and also file a complaint saying that he is illegally tresspassed the house.

1 Like

aliabbas (ta)     27 September 2011

thank you sir for your quick reply,

We contacted the police upto DCP , but he is falsely accusing in front of police that we took 20000rs deposit,

i feel there is some nexus with the local police. Because earlier he was demanding 20000rs now he is demanding 35000rs. All in front of police. The police did inform us to file a summons case, and we dont know what to do as we are very old and cant even walk properly due to a fracture.

aliabbas (ta)     28 September 2011

The police is not filing complaint for tresspassing , where to go in such a case?  also how to file a suit for eviction?

please help us , this issue is going on for the past 3 months without a  solution

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     28 September 2011

Dear,

You yourself at fault, he has nexus with police. First get the electricity and water connection disconnected immediately. if he takes any help from neighbourhood about electricity connection and water then report about theft to electricity supplier. your matter will be soon sorted out without going to police. in end took local police help grease their palm. you will get relief without going to court.

Regards

Rajiv Bhasin

Advocate

9811210505, 9868635640

1 Like

aliabbas (ta)     28 September 2011

But if someone posesses a house without agreement , why should not he be considered as tresspasser,  the police knows entire situation , still wil not help us untill we pay the accused 35000 rs?

where to go in such a case, can we approach commisioner of police in such a case?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     28 September 2011

Pl do not do such mischief of disconnection of essential supplies.

Police otherwise will not come in picture for civil matters.

First issue a notice for rent default and than go further.

Imature advice will land you in trouble.

aliabbas (ta)     28 September 2011

do we have to goto court for filing notice??


what if you are out and your house is abandoned for year and someone occupies it ?

why the police is not registering a tresspasss case?

aliabbas (ta)     28 September 2011

also the police already boasts that its civil matter and has raises his hand?

SAA_Bombay (Pro)     03 October 2011

You have not made any agreement.  Hope there is no rent receipt or any other documentation also.

Write a letter to state home minister office, mark CC to police commissioner office, senior inspector office, & your local police station. Your letter should state that few unknown people have forcefully captured your house & you have doubt that they are involved in some kind of terrorist activities.

Your letter to above will make no difference, but it will definitely create fear in mind of local police station. If no action, write one more letter but this will be registered post. Created pressure on local police station. As we know pen is powerful then sword.   

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     05 October 2011

It is easy to advice but difficult to face real action. Please remember there are always two sides. If you can take coercive action the opponent can also initiate retaliatory action.

When a person is living he will have so many proofs, so even non giving of rent reciept is criminal offense under all state rent acts.

Take care before taking abrupt action.

S. CHANDRAKANTH (ENGINEER)     06 October 2011

Hello, it is really unbelievable to accept that a land lord has rented his property without any advance.  This is the first fault on your side which will be easily move support to the opponent.  You are not supposed to cut essential supplies like electricity and water without any proof of non payment for the same.  

You have better issue notice to make rent and payment for other essential services which are utilized by him.  Accusing the police is of no use!  They will not interfere in the civil matters.  Think wisely and act wisely.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     06 October 2011

Yes Mr Chandrakanth nice to see such realistic inputs.

This is not a tyrant state than any landlord go to the police against a tanent and heresay grounds. There will always be counter actions because how some one can feel that any body will tale such coercive actions lying down. 

aliabbas (ta)     07 October 2011

We have finally settled the issue by paying 22000 rs as extortion amount and managed to get the signed  document containing the entire truth of this tresspassing crime.we are now in possession of our room .


Below is the scanned copy of the document which the accused signed., it clearly states that the accused stealthily grabbed our room while we were outstation and ill,and was willing to vacate only after paying the amount.
settlement deed We also got sign of the person who instigated the accused (a  villager) to commit this crime as a witness.

Also , before the settlement the police lodged our complain of tresspassing, But took no significant action .
Below is our complaint for tresspassing as accepted by police:


we had also lodged a NOC against the accused 2 months back regarding the issue,  as linked:

please suggest to us how can we recover the extorted amount and get penalty without going to court with this kind of evidence?
Is going to court the only option, if yes then what are its pros, cons and its procedure?

Thanks for your support and help.
May God bless us all.

aliabbas (ta)     12 October 2011

How to proceed further with this evidence?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register