Friday, July 12, 2013

PL. advise before I am slapped with a notice of contempt....Alok


One of family member of  tenant has done higher studies and spent several lacs. They spent another few lacs for treatment in costliest hospital for one of their family member. Own several cars, laptops, mobiles, TV, bungalow, travel to US and Hongkong frequently. But their advocate just uttered words in court that his client was poor and did not have enough money so court decided mesne profit as Rs 1000/- per month. People in Mumbai pay more then that as parking charges, as maids salary etc.. 

Same court was given supporting rent agreement papers of building around this tenant but court said that landlord should have also given valuers certificate. Firstly has courts set a rule / list of valid documents to be given as supporting documents?? No! Then how can a court refuse to accept any document which is registered with registrar and ask for other supporting document when they have never prescribed / issued list of documents required to prove a point. 

Secondly while court refused to accept tenancy agreement on one hand but only verbal false statement was accepted by same court that tenant is unable  to pay higher / market mesne profit and court did not ask tenant to substantiate their claim by producing their IT papers, net-worth, bills of Mobile, electricity, car ownership etc etc.. 

Also I hv come across first case of mesne profit but my advocate must hv come across same hundreds of time. But did he advise me on getting all those supporting documents which courts expect? No. Did I get opportunity file those ?? No. Did I get opportunity to insist that tenant must give supporting documents to substantiate his claim that he can't afford to pay higher mesne profit? No. 

So by giving these facts am I committing contempt of court??? 
Tenant has already field contempt and exonerated that I had an opportunity to go to higher court in appeal. 
1. I had ailing father and who just expired. 
2. I can prove thru my IT papers that my income is not sufficient to bear expenses of higher courts.
3. I have to work hard for earning two square meals and thus can not just remain seated on benches of courts which keep giving adjournments. 
4.  I have lot of social responsibilities and I am meant for honest good work and activism and has to keep time for same. I am not the one who will squeeze all facilities given of society and give nothing in return. 
5. I need time for my health and family. 
6. I hv to work hard to pay so many taxes and duties and levies imposed by govt, BMC, and others. 
So I can not be just expected to keep going in appeal for callous orders and managing (system to their end) advocates. So why can't I raise my grievance on blogs and mails. After all I am not lying like my tenant and his advocate!! And this I can do without any expenses and without affecting my other routine pressures like I am blogging right now when it is 3.24 am. Where as courts will call me at peak hours, pay to advocates, their assistants , then many others as per their advise , pay for typing, xeroxing , get no parking , staircases and toilets are stinking and breeding deadly infections, there r more then 60 - 70 matters per session , yet matter is kept back and finally get adjournment without transacting anything. 
I am saying everything which I can prove but it seems still same is contempt of court. So can one conclude that presenting facts is contempt and lying is not. 

Requesting all with folded hands thee the wise-men of present society to advise me. 

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