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SUMANTA BANERJEE (Service)     02 May 2013

Plaease help me

 

I am very simple and honest person. I am staying in a flat in Mumbai since last 10.11.2002 with my family. The Landlord (licensor) had made an unregistered leave and agreement, which was expired on 09.10.2003. He didn't renew the agreement further as he asked me to purchase the same flat in March 2004. I was also interested and asked him to proceed for bank loan and do the necessary formalities. Since his flat was mortgaged to his employer MTNL, he told me that instead of bank loan you pay me in next 5 years. The value he had asked 4.5 lakhs. Once I asked for the sale agreement /at least mou he asked me keep trust on him as he will immediately stop taking rent and will not renew the leave and license agreement. Till 2009 I had paid total 4,23,750/= by cheque 3,23,750/= and by cash 1 lakh. After my repeated request of my last payment of 1 lakh by dd on 01.08.2009 he kept quite as saying don't worry as soon as my loan will complete i will register the flat on your name. All of sudden on 25.03.2012 he came with hired goondas and tried to throw out my everything from the flat and abused me. I made N.C with the nearest polce station and filed a civil suit against him on 30.03.2012. As soon as hon'ble court was granted stay order he desperarely threatened me with goondas and political persons as well as local police. At last once I took the help of  hon'ble SP of our jusrisdiction to prevent such activities he filed an eviction suit under MRCA 1999 act with the false and fabricated notice of revoke of license, which he had never sent to me but claimed in his case that he had sent the same by hand and it was refused by me. The first heraing date was 19.06.2012 before the Competent Authority, MRCA, Konkan Divn. Bandra and eviction order was served to me within one month i.e.on 24.07.12 by the competent authority with the direction of arraear of compnesation Rs.3,72,000/= and fixed the rent @Rs14,000/= per month from 01.05.2012 till I vacate the flat. I had filed my revision petition on 16.08.12 before the Hon'ble Addl Commissioner, Konkan Divn. and the case is still pending. In the mean time to base on the eviction order on 18.04.13 the Hon'ble Civil Court has rejected my plea for stay order. 

At this juncture my advocates are putting their best efforts by I need your expert advice too as we are spending sleepless nights.

With warm regards

Sumanta Banerjee



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