Legal Question in Workers Comp in India

infringement on fundamental rights

My father is 84 years old and own a houseand had let out a shop in house to doctor who had signed on NJSP stating that he will vacate the shop on demand within 2 months but now is refusing to honour his commitment . WHAT IS RECOURSE FOR US. I am only son and suffering from DCM requiring heart transplant and have been advised in enviro friendly dwelling but house in question is in congested area . the tenant has developed three nursing homes but we have no other house to livein.REFUSAL TO HONOUR COMMITMENT ON NJSP IS NOT AN INFRINGEMENT ON OUR FUNDAMENTAL RIGHT TO LIVE IN OUR OWN HOUSE. IN VIEW OF MY FATHER'S AGE AND MY ILL HEALTH WE CANNOT GO IN LITIGATION


Asked on 6/17/07, 11:02 am

4 Answers from Attorneys
kavitha balakrishnan kpp associates

Re: infringement on fundamental rights

go in for eviction through court - rent control tribunal! or the registrar

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Answered on 7/01/07, 1:08 pm

Re: infringement on fundamental rights

You can not get your property without initiating litigation.There is no other authority except Judiciary who can come to your rescue.So made up your mind and go ahead.As for your query is concerned the necessary details are missing.So if you need, then contact me with your details.

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Answered on 6/17/07, 11:50 am
Vivek Mapara Mapara Law Firm

Re: infringement on fundamental rights

Let me know since how long the doctor is using the premises.

You only have remedy to approach civil court for getting the doctor evicted.

Feel free to contact

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Answered on 6/17/07, 12:51 pm
Alok Sharma Alok Sharma & Associates

Re: infringement on fundamental rights

It is a landlord and tenant dispute. The landlord tenant relationship is governed by rent legislation and the NJSP mentioned by you has no relavance & is not binding.There is no escape from litigation in your case. No short cuts.

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Answered on 6/17/07, 12:57 pm


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