Illegal possession of residential property
My father was allotted a residential quarter in Bharat Gold Mines, KGF, Karnataka on outright purchase from the management on closure of mines. The property is illegally being possessed by a tamil rowdy with his family since 7years without any rent or agreement. The complaint to local police has yielded no results. In return to the complaint with police, the miscreant demanded a lump sum amount of Rs.50thousands to evacuate. On denial, he has filed a case against my father stating he is paying rent and possessed the house showing the gas, electricity and water bills as residential proofs. We are residing in Bangalore since after his VRS from BGML.
The court proceedings have taken 4years duration only by scheduling the hearing dates without any result. Our lawyer does not coordinate with us but regularly get his fee on demand.
We are helpless since the local lawyer supports the opponent who is a local rowdy of SC caste.
Every time on court hearing, only next hearing dates are given to us. Please advise our course of action to get justice in getting back our home.
Asked in Property Law from Bangalore, Karnataka
litigation is long drawn process and an expensive proposition . generally court cases take 15 years to be disposed of . if it is possible arrive at an amicable settlement with the encoracher . you will end up spending more money on legal fees . once you regain possession sell off residential quarters .
At the outset, be informed that as per the law police does not have any role to play in a matter of this nature. Your remedy lies before a court of law and not the police in view of the fact that this man has claimed to have been paying the rent. As per the cursory facts furnished by you it can be inferred that this man has applied for a stay order against you. In order to regain the property usurped by him you need to file a separate case for validation of your title on the basis of property documents in the possession of your father.
If your lawyer is acting in cahoots with the opposite lawyer then change your lawyer forthwith. It is not possible that every court hearing ends without any business being transacted.
A person in occupancy of a premises for more than six months can be evicted by due process of law. The occupant would have filed a suit for permanent injunction from forceful eviction. If that is so bring an end to that suit by an undertaking that you will get the possession by due process of law, without admitting anything more . File a suit for possession. Take services of a good lawyer.
Advocate, New Delhi