Legal Question in Civil Litigation in

Sir,

My father had given an advertisement in 2007 for renting out the flat and he mentioned will only rentout the flat to Government Employee. 2 Persons came to take my flat on Rent, they introduced themselve to my father, so out of two one is working with Govt department and other one running Shop. My father has signed the agreement of 11 months with the person who is working with Govt dept. and rented out my flat with 5500/- pm. Later on after six months my father come to know that Govt employee person is not leaving in my flat and other person who is shopkeeper is leaving in my flat and paying the rent. This shopkeeper is paying the rent in cash and my father used to give the receipt on the other persons name to whom we signed agreement.My father keep on asking this shopkeeper to vacate the flat but his is alway delaying by saying the his house is underconstruction so when it will over will be shifted in that house by this way he has passed 2 years, now in 2010 March I met with the shopkeeper and asked him to vacate the flat he confirmed that by 30th April he must vacate the flat and return the keys when we called him on 30th April he is not responding on our call than we tried with diffrent Mobile and talked to him, he replied that he is busy due to some problem of his son's admission so he said will meet on 15th May'10. On 15th May'10 myself and my brother went to him on his shop to know by when he is vacating my flat. He told us that he is not going to vacate the flat and we can go where ever we want to, he added that we can approach to police or court or Gunda's but he will not vacate the flat. He was also stop paying rent from April'10. We went to Lowyer and discuss the situation, Lawyer told us that since agreement is not on his name and also we have not given any receipt of rent on his name so we can cut his electricity since meter is on my Name. I had approached to MPEB office and give application for power connection cut. After cutting power, he has filed the case under Rent Control Department against me for cutting the power on huminity ground and he also reconnect the power supply by paying so bribe to MPEB. The Rent Control case judgement came in my favour where they declare this person as illegal occupant in my flat and mentioned that court will not provide any help to him. Based on that court order I agained applied for disconnection of Power supply and removing of Meter and Disconnection of water. After this action he has shifted his family and his luggage to other location and now flat is empty but he has put his clock and sking huge money for unlocking & returning key. Please suggest how so I get the possession of my flat and how do i proceed in this case. Will try to get the Police to breake the lock but police is denaying to come with us.


Asked on 8/03/10, 11:52 pm

1 Answer from Attorneys

Fahri Toga TOGA//OKSUZ

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Attorney at Law

Fahri TOĞA

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Answered on 8/04/10, 4:06 am


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