How to overrule a Debutter property sale by court order

Question

How to overrule a Debutter property sale by court order

20-Nov-2023 (In Landlord/Tenant Law)

Hello, We had been living at a Debutter property i for 40 years. The rent was given to a person represented by the Shebiats,. However after an ex-party, EjEx order by the CCCourt in 2007, against , we came to know that the said property was sold to a Muslim, who is an illegal contractor. We sat at the said place till the Deputy Mayor , intervened and made draw a rent receipt for the residents. However, last week some goons along with the contractor visited the premise and asked us to vacate the said property we have been living since 1970, stating that it is sold to them for construction of a G+& commercial-cum-residential complex. The property is of 8 Cotthas under jurisdiction. My question is, Is it possible to challenge the sale? What rights do I have a tenant? How should I proceed legally to attain the same and override the verdict of this illegal sale?

Answers (3)

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Adv. Nilanjan Banik Adv. Nilanjan Banik

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Advocate SK Shahrukh Raja LawRato · Accepted Answer · 2017-11-21T21:21:47+05:30

Answer #2

If the City Civil Court has passed an order and validated the sale of the property. You should have immediately moved to the High Court challenging such order and ask for an injunction. Because it was an ex-party order and no opportunity of being heard was given to you. Its very late but still you should immediately file an appeal before the Hon'ble High Court.

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Adv. SK Shahrukh Raja Adv. SK Shahrukh Raja

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Advocate Shiddhartha Banerjee LawRato · Accepted Answer · 2017-11-22T00:20:12+05:30

Answer #3

Sir In case of the debuttar property the sale can take place after getting the sanction from the majority of the trustees and further the permission of the District Judge is necessary for selling the idol's property. A you are the tenant the property has been sold out you can approach the court to challenge, before that please go through the endowment deed. For your help I am mentioning a case :- Shyamal Ranjan Mukerjee Son Of … vs Nirmal Ranjan Mukerjee 2007 WRIT – C No. – 56447 of 2003 [2007] INUPHC 14725. Thanks

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Adv. Shiddhartha Banerjee Adv. Shiddhartha Banerjee

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