legality

ADVOCATES & SOLICITORS

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427,Lawyer’s Chamber Block, Dwarka Court Complex, New Delhi-110075
E-Mails: theraonlf@gmail.com; Mob: 9811273435

DATE : 21.03.2023

SPEED POST

To,

Smt. Om Vati,
W/o late Sh. Diwan Singh,
R/o H.No.35, Near old Water Tank, Holi chowk,
Bijwasan, Bijwasan, South West Delhi,
New Delhi-110061
Mob no-9717874155.

Sub: premises comprising of one room , kitchen , latrine and bathroom

on ground floor of.35, Water Tank Holi chowk, Bijwasan, Bijwasan,
South West Delhi, New Delhi-110061.

LEGAL NOTICE

Under the instruction from and on behalf of my client Sh. Shashikant

Rana, S/o late Sh.Diwan Singh , R/o H.No. .35, Near old Water Tank,
holi chowk, Bijwasan, Bijwasan, South West Delhi, New Delhi-110061,
you are notified as under:

1. That my above-named client is the owner and in actual

/constructive possession of the subject property i.e. H.No. 35,
Near the old Water tank, Holi chowk, Bijwasan, South West
Delhi, New Delhi-110061(hereinafter referred to as subject
property), The subject property is comprised of nine
flats/dwelling units.

2. That the ground floor has four 2BHK flats and one 1BHK flat in
which Three flats are rented out to namely_____________ , and
One flat is in possession of you the addressee, and one 1bhk flat
which is in active/constructive possession of my client and the
first floor has two 2BHK flats which are occupied by tenants
namely Sh. Sonu Parmar H/o Dr. Kavita and ________That the
subject property has 2 shops occupied by tenants, a stationary
shop operated and occupied by namely SH.Mantosh Kumar, and
a clinic run and occupied by namely Dr. kavita.

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ADVOCATES & SOLICITORS
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427,Lawyer’s Chamber Block, Dwarka Court Complex, New Delhi-110075
E-Mails: theraonlf@gmail.com; Mob: 9811273435

3. That the general power of attorney is in favor of my client’s wife

namely Smt. Neeraj Rana. From the above-mentioned dwelling
units, one unit has been provided by my client to you the
addressee as a residential unit and had given authority to you to
collect rent from the tenants of the seven rented units on his
behalf which is hereby categorically mentioned (ground floor
3*2BHK flats, rent per flat is Rs5000 which equals to
5000*3=Rs15000. 2 shops on the ground floor, rent per shop is
Rs5000 which equals to 5000*2=Rs10000. First floor 2*2BHK
flats, rent per flat is Rs7000 which equals to 7000*2=Rs14000.
Hence the total rent from the tenants equals
15000+10000+14000=Rs39000) but you have misused the
authority and never transferred any rental amount to my client
and over this, you have also threatened my client of committing
suicide or filing a false case against him if he ever tries to show
his right or visit the above-mentioned property. Due to these
unlawful events, my client is forced to live on rent.

4. That you promised and assured my client to collect the rent from
the tenant(s) and pay the amount so collected by you to my client
besides rendering the true and faithful account of the rental
realized by you from the tenant (s) in the subject property.

5. That the above-mentioned 5 flats and 2 shops are in active

possession of the following tenants namely______________________

6. That you had recovered the rent from the above-named tenant(s)
from the year September 2020 to March 2023 to the estimate of
my client, the monthly rent collected by you was Rs. 39,000
(thirty-nine thousand only ), however, the actual amount realized
by you is in your specific knowledge. You the addressee despite
repeated demands of my client failed to either pay to my client
the amount of rental collected by you from the tenant(s) in the
subject property or render the accounts thereof to my client. You
exploited the miserable condition of my client and failed to pay
the total rental amount to my client or the rental A/C thereof.

7. That according to the family settlement dated 27 of july, 2020 in

which his mother and his elder brother namely Sh. Ashwani
Rana and my client came to an agreement and accordingly my

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ADVOCATES & SOLICITORS
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427,Lawyer’s Chamber Block, Dwarka Court Complex, New Delhi-110075
E-Mails: theraonlf@gmail.com; Mob: 9811273435

client paid Rs-55,00,000-/ (fifty five lakhs) to his elder brother

namely Sh. Ashwani Rana in lieu he transferred the ½ share of
said property at H.No -35 , area measuring 400 sq yards.,
Extended Lal dora of village Bijwasan , Tehsil Kapashera, Distt.
South West , New Delhi -110061 to his name.

8. That, being the mother of my client, you were allowed to occupy

one 2BHK flat on ground floor of the subject property on a leave
and license basis without reserving any license fee. After some
time you started harassing and threatening my client and
illegally retained the amount which you received from the tenants
as the rental amount. In the circumstances, my client hereby
withdraws the permission given to you to use and occupy one
2BHK flat on ground floor of the subject property and hereby
terminates and withdraw his permission in the respect of the said
premises.

9. That your permission to occupy the one 2BHK flat on the ground
floor stand revoked, canceled, and terminated, however, you
given 15 days’ time to vacate the subject property. It is clarified
that on expiry of 15 days of receipt of this notice your occupation
and possession of the ground floor of the subject property shall
be illegal and unauthorized further you shall be liable to pay to
my client use and occupation charges at the market rate of rent
which is about Rs- (per month).

10. That from the year of September 2020 to March 2023 you had
collected the rent from the aforesaid 7 tenant(s) and did not pay
even a single penny to my client you are liable to render the true
and faithful account of the rent released from the tenant in the
subject property for the aforesaid period and to pay to my client
the rental amount of so realized by you.

In order to prevaricate any further action you are hereby called

upon to quit and vacate one 2BHK flat on the ground floor of the
subject property and deliver the actual and physical possession thereof
to my client on or before the expiry of the 15 days period from the date
of receipt of this notice. You are further called upon to render the true

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ADVOCATES & SOLICITORS
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427,Lawyer’s Chamber Block, Dwarka Court Complex, New Delhi-110075
E-Mails: theraonlf@gmail.com; Mob: 9811273435

and faithful account of the rent received by you from tenants in the
subject property for the year 2020-2023 failing to which my client shall
be compelled to initiate legal proceedings against you for your
ejectment, recovery of use an occupation charges and rendition of
accounts and for the cost and consequences thereof you alone shall be
held responsible.

You are also liable to pay Rs.51,000/- towards the legal charges
of this demand cum legal notice.

Please take notice accordingly. Copy of this notice is also being

sent through a certificate of posting and another copy is being retained
in my office for future reference and further action in the matter.

Manoj Kr.
Yadav
(Advocate)
Enroll No. D/2301/05

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