Need to restore possession
I need Advice Please help. My name is Aditiya Singh and I care deeply for my family. However they mean malice and I being 60 years of age am not willing to do anything illegal to harm my family. However they do not feel the same way as me and have pressured me into taking advantage of my passive attitude and care for them.
I am aware that in Regards to the ownership I have to file a civil suit.
I am aware that regarding the partnership I have to refer to our partnership deed which has an arbitration clause hence referred accordingly. As all dues to date have been cleared.
My question is. In this case is which procedure in regards to ownership would restore possession to Aditiya who is acting in the interest of the business. I have been informed about a clause within Special relief or section 145 CRPC. What will ensure the fastest
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THERE IS ONE PROPERTY BY THE NAME AND STYLE OF LIFE GUEST HOUSE AND RESTAURANT ON 111VIJAYRAO ROAD.
THERE IS A LEAVE AND LICENSE WHICH WAS LICENSEES ARE 6 AND LICENSORS ARE 5. 3 of the parties are common as licensee and licensors. Namely; Aditiya singh (Brother 1), Manoj Singh(Brother 2) and Arjun Singh(Cousin of said brothers).Other licensors include Vijay Singh (father of Arjun Singh) and Deepak Varma (Also cousin of said brothers). Vijay Singh passed on and so respectively his rights and titles were passed on to his son Arjun Singh. Arjun Singh in turn by means of release deeds transferred his and his father’s entire title and shares in the name of Aditiya Singh (who actually built and conceived the business solely{others were named in title nominally})
As for the Licensees they have been altered from time to time and as on current date the business partnership now remains the four Singh Brothers. Namely the two previously mentioned i.e. Aditiya Singh, Manoj Singh, Nitin Singh(Brother 3) and Mohit Singh(Brother 4).
The property was licensed in 1980.
Facts about the agreement.
Point number 6 © States
The License hereby granted shall unless withdrawn cancelled or revoked earlier under any of the provisions of this agreement remain in force for a period of five years from the date of commencement.
Point number 16 states
in consideration of the premises the licensees hereby agree that they shall pay the Licensors during the subsistence of this agreement or while the licencees shall remain in use and occupation of the licensed premises the license fee or compensation of rupees 9500 only per month for use of licensed premises and the use of the furniture, fittings and fixtures.
The said premises consists of ground plus 2 floors measuring 783 sq.ft each. The restaurant was being on the first floor.
Business was started and conceived by Aditiya. In 1996 Mohit was allowed to foresee operations and management with the consent of Aditiya.
Manoj didn’t work a single day and was always indulgent in a frivolous lifestyle.
Nitin however never contested his rights as he was given a family estate that accumulated rent on a annual basis and had no qualms accordingly.
Mr. Mararaj Singh the father of the brothers passed on in 2012.
Manoj was also in the recent years payed a considerable sum to release his rights in Title and partnership as per instructions of their father. All consideration was paid by Aditiya. However, nothing was put on paper neither was it executed.
The restaurant which was operating from the first floor of the said premises was temporarily closed however possession of same still belonged to Hotel Silver Inn and Aditiya and Mohit were overseeing the same.
Intending malice Manoj asked to use the said place of restaurant to keep his personal possession and 2 weeks later put up a board stating the opening of a new business for which he obtained fraudulent shop act license.
Aditiya who was enjoying possession of the said property and also having payed manoj for transfer of his title and consideration according to the partnership decided to register a police complaint. The police being priorly managed by Manoj and his legal counsel came to the said property and asked aditiya to remove his lock and allowed manoj to put his lock and run the said business. They also further advised aditiya that if he does not comply he will be faced with dire concequence. However there is no evidence of this fact.
The police received another private complaint from aditiya for the same but no action was taken regarding the same.
Today it has almost been 6 months that Manoj has started a wholesale distribution center under his personal name within a premises that he has licensed and being a licensee for the same he is also involved in the partnership.
Due to his behavior arbitration has been executed regarding his detrimental actions towards the said partnership as well.