Tenant absconding and not vacating the shop
Sir I SURITI HARITEJA (1st PARTY) made an Agreement with the
GRAMA PANCHAYAT OF MARIKAL VILLAGE . Dhanwada mandal , Mahabubnagar Dist. Telangana.
on behalf of grama panchayat of marikal village - Sarpanch of this village S.SARALA is the (2nd party)
The agreement is done in between me -SURITI HARITEJA (1st party ) and Sarpanch of MARIKAL village S.SARALA (2nd party) on 20/12/2010.
The Agreement states that :
In the open space belongs to (2nd party) S.SARALA sarpanch of this village (on behalf of grama panchayat of marikal village ) which is present at the backside of the Grama Panchayat Office of Marikal Village, The (1st PARTY) SURITI HARITEJA should construct a shop with his own money with the following terms and conditions.
And both the 1st PARTY (SURITI HARITEJA) and 2nd PARTY (S. SARALA) agreed for the following conditions and made this Agreement.
terms and conditions:
1)(1st PARTY) SURITI HARITEJA should construct a shop in an open place belongs to Grama Panchayat of Marikal Village present in the backside of the Grama Panchayat Office with his own money.
2)Even though (1st PARTY) SURITI HARITEJA constructs the shop with his own money , the shop will remain as Grama Panchayat ASSET.
3)By constucting a shop as Grama Panchayats ASSET with the 1st PARTY's (SURITI HARITEJA) own money , 1st PARTY (SURITI HARITEJA) can run a business in that shop for 15 years (fifteen years) without paying any type of rent to Grama Panchayat. After 15 years that shop will given rent by Grama Panchayat in an open auction manner.
4)1st PARTY's (SURITI HARITEJA) should pay the electricity bill as per consumed in that shop.
5)1st PARTY's (SURITI HARITEJA) should not do any other constructions in that shop.
6)This agreement is not valid for any type of ownership rights to 1st PARTY's (SURITI HARITEJA).
7)All the Rights are Reserved on the above mentioned shop for Grama Panchayat.
8)If 1st PARTY's (SURITI HARITEJA) violate these agreement ,then all the rights are reserved for Grama Panchayat.
9)In The above mentioned Agreement,1st PARTY's (SURITI HARITEJA) have no right in changing the Time period of this Agreement.
10)In the mean time 1st PARTY's (SURITI HARITEJA) should obey all the Govenment orders.
11)Grama Panchayat Shop No is 01.
boundries: EAST : Grama Panchayat Office. WEST : Madhavaram village Road. North : shop of K.Lavanya (Grama Panchayat shop no 02.) SOUTH: Raichur to Hyderabad.
12)The above Agreement is valid from 20-10-2010, and the expiry of the Agreement is 19-10-2025.
The above mentioned terms and conditions is agreed by both the parties.
dated : 20-12-2010
1st PARTY's (SURITI HARITEJA) ---- --- --- SIGN
2nd PARTY ----- SIGN WITH SARPANCH OF MARIKAL VILLAGE.
1) s.thirupathaiiah (sign)
2) m.srinivas yadhav (sign)
Sir, The above mentioned is the Agreement.
*1) I Suriti Hariteja had an original copy of the above agreement with me. This Agreement also contains sign and stamp of both the parties on Rs.100 paisa REVENUE STAMP and PANCHAYAT SECRETARY (J.RAJESHWAR) sign and stamp of grama panchayat , marikal village.
*2) I also have an original tax receipt no. 873 in my name which I paid a sum of Rs.2400/-(two thousand and four hundred rupees only)on 20/12/2010. towards the above shop for the year DECEMBER 2010 TO JULY 2011 mentioned on tax receipt . ------- I've paid this sum to Grama Panchayat of Marikal village. ------ This original Tax receipt also contains Sarpanch Sign. i.e.,2nd PARTY (S. SARALA).
*3) I also have an original tax receipt no. 348 in my name which I paid a sum of Rs.3000/-(three thousand rupees only)on 12/09/2014. towards the above shop for the year AUGUST 2013 TO JANUARY 2014 mentioned on tax receipt . ------- I've paid this sum to Grama Panchayat of Marikal village. ------ This original Tax receipt also contains Sarpanch Sign and stamp. (HERE ANATHOR SARPANCH SIGN IS THERE AS SHE WAS WAS ELECTED AT THAT TIME).
----- This original Tax receipt is also contains PANCHAYAT SECRETARY (PRAVEEN)SIGN AND STAMP.
SO NOW THE PROBLEM STARTS FROM HERE:
1} I Suriti Hariteja gave this shop as LEASE for say MR.X. from dated 20-10-2010 for Rs.3000/- WITHOUT WRITING ANY WRITTEN AGREEMENT.
(as there is not mentioned in the agreement that I can't give this shop to another individual.)
2} Due to my personal reason I was not in the village from JANUARY 2014 to JANUARY 2015 (1YEAR).
3} I Suriti Hariteja came to Marikal village and was shocked to see some Mr.Y in that shop . I asked him the where is Mr.X , what are you doing in his shop. I Suriti Hariteja got a shocking reply from Mr. Y, that Mr. X has sold the shop for Rs.1,00,000/- (one lakh rupees ) to Mr. Y. by doing a notary agreement. I Suriti Hariteja got shoked and explained him the real matter and showed him my real documents and demanded Mr.Y to pay the last year Rent and immediately handover the shop to me. Mr.Y is now refusing to leave and he claims that he is the owner and he also shows that original agreement documents which is made inbetween the newly made sarpanch and Mr.Y.
4} I was shocked to see those agreements , however the agreement is made from 10-12-2014. to some say Z period.
5} In reality the newly sarpanch of that village is cheating me by making the fabricated documents and enjoying the rent given by Mr.Y.
6} I got Angry by seeing this fraud and asked the NEW SARPANCH of that village for explanation ...he gave me a XEROX copy OF DATED 10/12/2014(BACK DATED) and asked me to read.
7} The XEROX copy given to me by new sarpanch was a NOTICE FROM GRAMA PANCHAYAT OF MARIKAL VILLAGE(BACK DATED). stating that
SUBJECT ::::DEMOLISHING OF SHOP WHICH IS ILLEGALLY CONSTRUCTED BY SURITI HARITEJA IN AN OPEN PLACE OF GRAMA PANCHAYAT OF MARIKAL VILLAGE.
--------- FROM DIST. PANCHAYAT OFFICER , MAHABUBNAGAR mentioned on letter no A3/1263/14 dated 31/10/14.
---------FROM DIVISIONAL PANCHAYAT OFFICER, NARAYANPET. his letter /memmo no. /A/142/14 dated :3/11/14.
----------------------------------------------------------from the above mentioned details Suriti Hariteja , You have made an illegal construction of shop in the grama panchayat open place . this is Illegal . So you have to vacant this shop within 10 days from this notice and handover to Grama panchayat of Marikal. other wise you will charged and framed as and under GRAMA PANCHAYAT SEC.1994. Hence you are laible for it.
***** This letter is signed and stamped by Marikal Village Secretary (Praveen) .....
TO MY LUCK THE NOTICE IS A XEROX COPY, AND THE MAIN POINT IS THE XEROX NOTICE ISSUED TO ME BY VILLAGE SECRETARY (PRAVEEN)SIGN AND STAMP .....
->HE VILLAGE SECRETARY (PRAVEEN) GAVE ME THE ORIGINAL TAX RECEIPT DATED :12/09/14 FROM AUGUST 2013 TO JANUARY 2014. WHICH I ALREADY MENTIONED THIS TAX DETAILS IN ABOVE *3) POINT.
SIR, PLEASE HELP ME IN THIS ISSUE. I SPENT OVER RS.3,50,000/- FOR CONSTRUCTING THAT SHOP.
HERE Mr. X, Mr.Y , and Newly elected Sarpanch played a trick here ,as I'am not having the LEASE agreement to Mr. X and as I 'am not there for 1 year in the village they took an advantage and grabbed and occupied my shop ruthlessly.
Asked 12 months ago in Property Law from marikal, Telangana
1) you have to criminal case of cheating , forgery against X and Y . under section 420, 465 of IPC
2) you also have to file declaratory suit that you are the owner of property and to direct Y to vacate the shop illegally in his possession and for rentals for period he is unauthorized possession
You could not have given this shop as lease without the permission of the gram panchayat. Be that as it may, you have to file a suit for cancellation of the sale deed made by X in favour of Y as illegal and seek recovery of possession. If documents have been forged by sarpanch then file a criminal complaint for forgery against him.
You should first issue legal notice to the occupier stating that you are the lessee in the above shop as per the lease agreement dated.... and instruct him to vacate the illegally occupied shop immediately with a copy endorsed to the village panchayat.
After that you can file a permanent injunction suit restraining the occupier from occupying the shop and also to seek his eviction and vacant possession of the shop. The village panchayat should be impleaded as a party and seek relief against him to cancel the illegally entered agreement with this party while the lease agreement with you is in force and also can demand compensation for the damages to the extent you suffered or you may justify.
I have given a legal notice to Mr. Y and to the Gram Panchayat (Sarpanch and Secretary) requesting them to vacate the shop as the Gram Panchayat had made an agreement with me earlier. Now Mr. Y gave me an oral reply that the Gram Panchayat has given him the shop license to run business in that shop. So if I had any objection in that he asked me to visit the Gram Panchayat about the details od the license granted to him. Morover he said that the shop is legally occupied by him by showing me the license granted.
I visited the Gram Panchayat and asked the Sarpanch and Village Secretary about the situation and showed them an earlier agreement done between me and the Gram Panchayat. The Sarpanch replied me cruely and asked me to tear off the agreement papers.
I have applied an RTI asking the details of the above shop like the lessor, lessee and the agreement details. I got a reply from RTI after one month stating that the above details are not available with them and passed on the matter to District Panchayat officer ( DPO). After one month I got a reply from DPO stating that the above asked information was not available with them and then further directed me to MPDO. Though even after 45 days when I did not receive any reply from MPDO I applied a first appeal for the above RTI. After a month I got a reply from the first appealate authority containing three pages from Gram Panchayat Marikal village stating that
1) the above shop was not given to me i.e Suriti Hariteja and had not made any agreement with me.
2) There is no asset in the name of Suriti Hariteja in the shops of Gram Panchayat.
3)The third page is Sarpanch with his elected ward members held a meeting and passed a resolution that SURITI HARITEJA is no where and Grama panchayat did not made any such agreement with them for the above shop.The also included inthat resolution that due to insufficient funds they are planning to collect tax from the above shops- till now they did not even collected tax .(But I have an original agreement and tax receipts).
4) In firstappealete
Asked 6 months ago
since you have the original agreement and tax receipts file suit for eviction against Y .
2) also file declaratory suit as advised earlier
3) file police complaint against gram panchayat and its office bearers for cheating , criminal breach of trust
If you are confident about the agreement entered with the Gram panchayat then you may issue a legal notice to he Gram panchayat enclosing a copy of the agreement, instructing them to enforce the agreement.
Failing to get any response or not complying with the demand made, you may file a suit for specific reliefs and also for specific performance of contract to enforce the agreement.
You can argue before court the blatant lies of the gram panchayat got through RTI act by producing the original agreement in yor possession and seek its intervention to provide you the desired reliefs.