Legal Advise and Matters

We are living in a building that has 29 flats, Earlier, we all were tenants. From 1998 till 2015, 23 flats have been sold to respective tenants. The Land lord had a Darwan cum pump operator who used to stay in one small meter cum pump space under staircase. . Later, he encroached that portion and started livining with his family. Taking of meter reading and operation of main switch during need was a difficult task. He also built up wooden structure with GI sheet top over 6Ft wide common passage blocking the second door of the premises.His landlord did not do any thing in spite of our objection while we were tenants. Land lord died in 1988 and the property was divided among his heirs by family deed of settlement. Landlords & Land ladies were living at other places. His widow was allotted 11 Flats, Daughter 10 Flats and three sons 8 Flats. Her Daughter sold 3 out of 10 Flats in her share in Dec 1998 ( I am one of three) as a first step in selling in tenanted building.The blocked passage is shown as ingress & egress for Flats under her share.In the sale deed she mentioned that she would co operate in clearing the passage.We had been using other only door of the building falling in the share of her co owners as usual. After all the 10 flats under her share were sold out in 2002, we requested her and other co owners to vacate Meter cum pump room and the passage for our ingress & egress. We were getting entry to meter room by the mercy of the darwan cum pump operator who was still running pumps for other tenants. Meanwhile, 23 Flats have been sold out and the Landlors & Landlady have terminated the service of the Durwan by Lawyer's letter on misconduct ground as he used to threat flat owners on any pretext. We ourselves are running the pumps, closing main door at night and switching on & off staircase light. The Darwan has denied the termination and continues staying still in the meter room and in structure on the passage. Since the Landlords did not pay any heed to our request in taking off their man, we have started a civil suit in 2010 against the said darwan to recover our possesion making the Landlords & Land lady as proforma defendant.Later, we came to know that in the year 2009 one of the co owners as costituated attorney of all the co owners ( including her sister in whose share the meter room existed) has issued a permission to the darwan to stay in meter room as darwan of the premises in 1993. The same owner, has , let out a small room ( 60 Sq Ft, Darwan's rest room) at the north end of a stair in other part of the building in 2005 without our knowledge when 6 out of 8 Flats of that stair have been sold out by the time. Now , off course, they have stopped receiving rent after our strong protest but have not yet taken any eviction action though they have served Lawyer's notice to vacate the room as it contains valves for the water distribution system of the building.{this is out of jurisdiction of the disputed portion , i.e meter cum pump room and eastern passage}.As proforma defendants in the suit, the present Landlords have supported our demand in their written reply. Commossion has been appointed by Ld Court to see if their are encroachments ( which the defendant denied in written reply)and the inspection is expected to be over by 10.01.16. Commission has visited 6 times from Aug2014 till date. As the Commission is coming with notice, defendant is removing all the belongings from meter room and putting those again after inspection is over but can not remove obstruction from the passage.

My question is , whether we can get the possession?

Regards,
Kinkar Kumar De more  

View all 9 comments Below 9 comments
You can get the possession. Though the present path followed is good enough and you had reached to the level of Court Commission, some advancements are there. Reg. your problem of "defendant is removing all the belongings from meter room and ..... but can not remove obstruction from the passage etc." you can take the Video recording &/Or snaps with Court permission by making application to the effect expressing the real facts. The recent verdict of the SC permits to that effect. more  
I am also in distress to know certain rules for obtaining Non Agriculture, Town Planning details and obtaining Property card etc. as the Government office Thasildar, Revenue Department are insisting to pay heavy and unaffordable bribe for rendering these services. I have sent a detailed mail to Support @ localcircle ten days ago and even earlier, but no one from the circle replied. If any of you could through more information, please send mail to me on my id: raman_anand71@yahoo.com I am a resident of a co-op. society in Thane, Maharashtra. more  
We have filed civil suit and have full faith in Judiciary. more  
Find a suitable lawyer, and file a case against him, and let him face the consequences. This is what is needed, at this hour. In our country, court is the best decision maker, not the police, public, or citizens of the country/politicians. more  
Police will probably not take any action as the matter has gone to court. more  
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