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SATINDER (INDIVIDUAL)     19 December 2020

Harassment by landlady

My brother had bought a flat in a property constructed by a builder. The builder had constructed the building with an agreement with the original owner of that land with some mutual agreement that he will construct flats on his land and in return take some flats which he will sell to others. After construction of building, the builder sold flats came in his share. Thereafter after 1 or 2 years the wife of the original owner filed a civil suit against her husband, builders and also against the owner of the flats which were sold by the builder on the ground that the builder had committed fraud by luring her husband and forged the NOC papers in which signatures of her and her other family members were taken. In her case that lady demanded the entire building and the flats sold by builders back in her name. The husband of that lady is now more and the case is pending in court. My brother who had bought flat in that building was not party in that civil suit as the lady did not name my brother in the suit. The lady is old (senior citizen) and always took advantage of being a old lady by harassing the people living in the building including my brother and his family (wife and school going children). The lady use her daughters by filing false cases of teasing etc. against the people who try to protest her wrong doing. Most of the people left the flats due to her harassment. Now that lady has disconnected water connection of the water tank installed at the ground floor (which was provided by the builder at the time of sale of flats). That lady always creates problem for my brother and her family and also to any guest who visit my brother place. I want to know what action can be taken in such situation. That lady bribe the local police and because of which the police does not take any action against her. .

Read more at: https://www.lawyersclubindia.com/default.asp?



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 4 Replies

Dr J C Vashista (Advocate)     20 December 2020

The post involves many issues, it is advisable to consult and engage a local prudent lawyer for better appreciation of facts and circumsances, professional guidance and necessasry proceeding.

P. Venu (Advocate)     20 December 2020

The posting contains less of actionable facts, but mostly apprehensions. As regards to the civil dispute, your brother can implead in the pending civil suit and defend his rights.

Shubham Bhardwaj (Advocate)     20 June 2021

Important Note:- Your query is relating to your brother but I will write 'You' to talk in first person. 

Dear Mr Satinder, 

I agree with the advise given by Vashista Sir and you may engage a good lawyer to help you in this matter as there are multiple issues in this case. However, for your general guidance note the following:-

You have 2 options:-

1. Sell the flat and go to another place to save your self from harassment. You may take this option if you don't want to get into a legal fight or it is not possible to get into a legal battle. If you choose this option, no action required apart from selling the flat.

2. You may choose to remain there and fight legally. If you choose this option note the following for your general guidance:-

Civil Suit filed by Wife of land owner:- 

 In your query you have written that land owner is no more which means he is dead. There are 2 possibilities

(a) Suit was filed before the death of land owner, and

(b) Suit is filed after death of land owner.

If suit is filed before the death of land owner, the suit is not prima facie maintainable because, generally, a wife has no right to the property of her husband till he is alive. Therefore, you may become party to the suit and after becoming party, he may file Application under Order 7 Rule 11 for dismissal of the suit for being barred by law as well as no cause of action. Although in this case she can file the suit again as after death of her husband she is a Class I heir to the property.

If suit was filed after the death of her husband, then still you should become party to suit and fight the case on merits. Although you may still file Order 7 Rule 11 application. It may/may not succeed. 

Disconnection of Water:-

 As on date you are the owner of the flat therefore no one can disconnect water connection. There is a suit pending regarding the title for the land on which the flat are built however the fact of the matter remains that you are still the owner until the suit is disposed off. Thus you may do any of the 2 actions:-

1. File an application under Section 145 Cr PC to the Deputy Commissioner (DC) of your area telling him about the matter and requesting him to order restoration of water connection. DC is also called District Magistrate (DM). Do not get confused between District judge and District Magistrate.

2.  You may also  file a written complaint with local SHO (Station House Officer). SHO is the head of police station near your house. Although police does not have power to order restoration of water connection but in India police can get lot of things done. Further, this will also help you in future in civil case or other action in future. In this complaint to SHO regarding water, you may mention that there is a possibility of a false complaint against you because the person troubling you has done the same thing with others. This will help you in future if a false case of teasing is filed against you.  Retain a copy of the complaint filed with SHO.  If possible, get the same letter written by other residents of building also. This way you will not be alone in your battle. 

If False teasing Case is filed against you:-

If a false case of teasing is file against you, then immediately file a cross complaint in the local police station denying the allegations and referring to the letter sent to SHO above.

Regards

Shubham Bhardwaj (Advocate)

District & Sessions Court, Chandigarh

Punjab & Haryana High Court, At Chandigarh

 

 

 

Disclaimer: The above opinion is just for guidance. 

 

 

 

 

 

 

 

1 Like

SATINDER (INDIVIDUAL)     20 June 2021

Thanks a lot sir. I appreciate your advice which is really helpful to me


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