I (am in Delhi) built a single storeyed 4-kottah house in Kolkata for my post retirement stay. By now I have been waiting for long 12 years to enter my house. Though the Agreement lapsed 10 years ago , forcible occupation apart, the tenant does not even allow me to inspect the house by intimidating with 8-10 ferocious dogs. He does not pay rent , but went to Court thrice giving false affidavit that I attacked him for forcibly vacating him.
I appealed in 2006 for eviction. Trial Court ordered him (May,2013) to vacate in 3 months time .I got decree. Court permitted me to apply for execution of Decree which I did in Aug 2013.I appealed to be paid legally due Mesne’ Profit (as mentioned in Eviction Notice).The Tenant appealed to higher Court which turned down his false plea and again ordered him(June2015) to vacate within 3 months.
1.As the tenant is defying court’s order , what should be my next action to get early vacant possession ?
2.Shall I get Mesne’ Profit for 10 years? Is there any precedence where this was not granted?
3.what is the right forum where this unthinkable and unprecedented episode of grueling hardship and mental torture be publicized with details to the world so that the society, court, police, administration, lawmakers can think of assuring senior citizens of the fundamental right to protect property.
..Dr. P.K.Bhattacharyya(Retd. Prof.,New Delhi)
