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Vispy Ichhaporia   20 August 2019

Eviction proceedings against my father

We stay in flat owned by a Charitable Trust on leave and License basis. The Trustees of the Trust were involved in corrupt practices hence few of the beneficiaries of the Trust had filed a case against them at the Hon Charity Commissioner under section 41D of the MPT Act 1950. There were 2 dozen families who supported the beneficiaries who had filed the above application against the Trustees at CC Office Mumbai. As a counter blast to the above move by the beneficiaries the Trustees did not renew our agreements which ended in Dec 2015. They filed eviction suits against 15 beneficiaries. The case went up till the Honorable Bombay High Court where the matters were settled in October 2018. Taking cue from the order passed by the Bombay HC the Trustees called the rest of the Licensees for renewal on the same terms and conditions as directed by the HC. My father is amongst these beneficiaries. One of the terms the HC had directed us was to pay the dues from Jan 2016 to Oct 2018 in 3 monthly instalments. The Trustees asked my father and others to pay their dues and regularise their stay. Unfortunately in June 2018 my father suffered an intracranial brain haemorrhage and he was hospitalised for the same. He has since been bed ridden and under specialised nursing care. The reason for same is due to the hemorrage which was at the back of his head he had difficulty in breathing and hence a tracheostomy was done to help him to breathe. Also in order to administer daily feeds to him a PEG tube was put in his stomach. Between July 2018 to November 2018 he was hospitalised 3 times and we incurred a cost of approximately 10 Lakhs. This is not all due to the tracheostomy and PEG tube he needs specialised nursing care. The cost for the same comes to Rs. 1.08 Lakhs a month. My father gets a pension from Central Govt and on my part I work as a self employed professional. Even if we both don’t spend a single rupee from our monthly income still we are unable to pay the monthly nursing charges. We are heavily depended on different Trusts for medical aids to tide over the monthly nursing cost. We are in a very bad financial condition hence I requested the Trust to waive off the dues looking at our financial condition. The Trust flatly refused to do so. And now since we could not pay they did not renew the agreement and filed an eviction suit against my father. Later on I had sent a without prejudice proposal to the Trustees to waive off one year’s due offered to pay the balance in 36 EMIs. But the Trustees did not respond. My question to you learned counsels is: 1)What is the remedy available to me? 2) I don’t have money to hire a lawyer. So can I represent my father? Would my little knowledge regarding the law will hamper my father’s case. 3) if above is the case then how do I approach the legal aid cell? Please guide me as to whom to contact in the legal aid cell who takes up the matter pertaining to evictions. Thank you so much.


 2 Replies

G.L.N. Prasad (Retired employee.)     21 August 2019

Approach Local services Authority for free legal aid and convince them of the facts.  They will certainly offer needed assistance.

1 Like

G.L.N. Prasad (Retired employee.)     21 August 2019

Approach Local  Legal services Authority for free legal aid and convince them of the facts.  They will certainly offer needed assistance.

1 Like

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