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Aakash (kolkata)     23 October 2014

Fraudulent and forcible eviction

I am a tenant in residential flat in kolkata for the last 3 years. My landlord has managed to get an ex parte order against one to vacate the premises. As per West Bengal Tenancy Act, a legal notice to the tenant is mandatory whereas no legal notice has ever been served to me. Since the landlord has obtained an ex parte order of execution, can he evict me forcibly with the help of police? There is no violation of contractual obligations and even rent is paid up to date.(If required details can be provided). What is immediate and specific relief available under the law. Kindly advise.


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 9 Replies

K.K.Ganguly (Advocate)     23 October 2014

1. When the land lord has got ex-parte order, it is evident that there was good service of notice on you as per law and that you did not attend the Court hearing,

 

2. Now, the land lord can certainly file an execition petition to evict you with police help,

 

3. Now, engage a lawyer to file a recall petition to put forth your arguments in this regard or an appeal against the said Ex-Parte order issued against you.

Aakash (kolkata)     23 October 2014

 Kindly accept my heartiest thanks for responding to my queries regarding forcible and fraudulent eviction. I will be grateful to you if you kindly elaborate the procedure of eviction whereunder defendant has been kept in dark by the landlord and managed to get an ex parte order from the issuing office.

 Secondly, I would like to know under which section of C.P.C, a recall petition can be filed.

Thirdly, can we approach police commissioner of the local area requesting personal security against physical attack by the goons of the landlord. However,a General Diary and order under section 144 issued by the executive magistrate have already been given to the local P.S.

 

With Regards

Happy Diwali

Your's Sincerely

Aakash

K.K.Ganguly (Advocate)     23 October 2014

1. Happy Diwali to you too,

2. The Court has been made convinced that you have been served with the notice as per law. it may be paper publication also,

 

3. If there is eviction order, you shall ba eevicted with the help of police. Police commissioner has no authority to disobey court order.

 

4. Engage a lawyer to further proceed on the matter.

Narendra Malik (advocate)     23 October 2014

Ex-Parte order can be set aside, contact a lawyer dealing in the matter of landlord- tenant disputes.

T. Kalaiselvan, Advocate (Advocate)     24 October 2014

@Aakash:  If you were not aware of the exparte order or even if you were aware of it but did not bother to take care of the issue, it does not matter now, first of all contact a lawyer and contest the case, by first filing an application before the concerned court to set aside the exparte order against you and then challenge the case appropriately.  With the exparte order, the petitioner has to file an execution petition and then only he can seek the help of police through court, but before that you have to act fast to set aside the exparte order against you.

Aakash (kolkata)     26 October 2014

Thank you very much for your favourable advice against my query.  In my case, the court was closed on 27-10-2014 and going to open on 27-10-2014. My landlord has managed by bribing the court clerks to get an ex parte execution order on 25-09-2014 and bailiff from the court visited my rented premises and showed only a piece of paper with court stamp that an execution order had been issued against one by the appropriate court. Since, the court is opening on 27-10-2014, I need at least a weeks time to obtain a certified copy of the execution order so as to know the facts of the case but as the bailiff threatened to break open my door and throw away my household articles with the help of local police. Is bailiff empowered to break the lock in my absence and remove or throw away my household articles?How to revent one sided act.itis feared that landlord has bribed the local police and other persons who are directly or indirectly involved in the circuit. As precautionary steps, I have filed a complaint with the local police followed by an order under section 144 Cr.Pc and lately made a specific petition to the Commissioner of Police  praying for immediate intervention and protection to my life and liberty. But I am not sure it is going to help me.

                                   Considering my precarious condition present adverse situation, kindly advice me how to deal with such an extra-ordinary circumstances. My family members are under extreme fear, shock and uncertainty. Can I approach National Human Rights Commission with my petition and can they intervene to protect my rights?

                                     Should I meet local counselor for help? If other measures are of any help, please let me know at the earliest so that I can prevent the police/ execution order. I will be highly grateful for some quick solutions.

 Thanking You

With Warm 

Regards

Aakash

K.K.Ganguly (Advocate)     26 October 2014

1. Court order is final and binding on everybody,

 

2. Tomorrow is 27.10. 2014 when the Court will open,

 

3. File an application immediately to recall teh ex-parte order, 

 

4. Engage a local lawyer having expertise in this field.

Aakash (kolkata)     27 October 2014

Thank you once again for your valuable suggestions. As directed, I have appointed a lawyer to defend my case in  the lower court. But the said lawyer opined that without having a certified copy of the ex parte order, he cannot apply for setting aside of the same. I have also taken advice of a leading high court advocate on the same issue but he advised that certified copy is not at all required for moving the said application.The high court advocate also advised me to ask my lawyer to get a copy of the order or nearly the date, suite number and other details from the suite register and file the application under rule 9/13 which is only effective and immediate method to get an early relief. As I am not clear that such an exercise will take less than a weeks time or more. I am equally worried that bailiff can break open my lock with the help of local police with the connivance of the landlord. Kindly also suggest the next course of action if i get an order of setting aside and how to get a stay order and which court is competent to issue such a stay order and the validity period of such a stay order.
 
           I hope that you won't mind for disturbing you so often. Kindly help me.

K.K.Ganguly (Advocate)     27 October 2014

1. Apply for certfied copy of the ex-parte order,

 

2. It does not take much time.


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