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RaghavKend (CA)     05 November 2012

Suit for possession from third party

Dear Sir, Mr.Ravi had loaned 15 Lacs money to Vimala, who in return allowed Ravi to occupy her residential premises in Bangalore until she pays back the complete amount of 15 Lacs. She entered into an agreement with him for this understanding for occupying her residence.

I learnt that the the landlord suresh in whose name the property is had earlier given the possession of his property to Vimala to occupy it and use it for her own Residential purposes. Now that Ravi had occupied the property, Suresh has gone to court for the eviction and to take back the possession of the property. Ravi is showing the agreement copy in his defence. 

In this scenario, pls advice what best can be done to help Ravi, who feels cheated because he loaned 15 lacs to Vimala and on the other hand is facing legal battle with Suresh for the eviction. Regards



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 1 Replies

Adv Akhtar Ali Sheikh (Property Law Consultant)     06 November 2012

Since  the property is owned by Suresh Vimala  di not have a right to let it out to Ravi by taking loan. Ravi should have been vigilant he has to fight now 2 battles with suresh and with Vimala. Ravi can initiate a criminal case of fraud and if she has the resources thn over a period time he may he may get the money.  

 


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