SAIKAT GHOSH

Advocate
15A Hare Street, Ground Floor,
Kolkata-700001
Ph: 033 4001 0514

LEGAL NOTICE
Without Prejudice
By RLAD/SPEED POSTWITH A/D

Date: 10/06/2024

To
Mr. Nirmalendu Chakraborty
Harisava, Rishi Aurobindo Road
Post Office - Korachandigarh,
Police Station - Madhyamgram
District - North 24 Parganas
Pin – 700130

Subject: Illegal and unauthorized use and enjoyment of

the property belonging to Mr. Niloy Sarkar

[1]
My client: Mr. Niloy Sarkar, Son of Lt. N.C Sarkar, 433/B-Block,
Anandamath,Near Ichapur Anandamath Boys Club,P.O
Ichapur, Nawabgunj,PIN 743144, Dist Norh 24
Parganas.

Sir,

Under compelling circumstances, as narrated

hereunder, my client, abovenamed, has been constrained to

instruct me to specifically write to you as follows:-

That my client (abovenamed) is the sole and

absolute owner of the property of 13 chitak 40 sqft, tile

shaded cemented floor, situated at 3, Rishi Aurobindo First

Lane, Harisava, PIN 700130, WARD NO 19, P.S

Madhyamgram, under Madhyamgram Municipality herein

after referred to as the said property.

[2]
 That by virtue of a registered deed of

conveyance executed between you and my client

abovenamed and duly registered before the office of the

Additional Registrar of Assurances, I Kolkata and recorded

in Book No I, Volume No. 1902-2021, page from 175474 to

175503 being No 190203190 for the year 2021, executed on

8th September,2021 and my client became the absolute

owner of the said property.

It was unequivocally and mutually agreed and

accepted by you and my client that, upon registration and

receipt of the consideration amount, you would deliver

peaceful and vacant possession of the said property to my

client. Nevertheless, you entreated my client to grant you an

additional period of 5 to 6 months, citing a lack of

alternative accommodation. Consequently, despite

[3]
transferring the property to my client, you have persisted in

occupying a portion thereof and have not vacated it to date.

Owing to your personal difficulties, my client, in

good faith and relying on your assurances, granted the

extension you sought. However, your continued occupation

of the property contravenes the agreement. Therefore, you

are hereby urged to deliver peaceful and vacant possession

of the said property without further delay.

That despite there being such an instrument

which is evidencing a valid sale and after accepting the

consideration amount in its entirety, yet, you have avoided,

failed and neglected to perform your part of the obligation,

which is to handover the peaceful vacant some occupied

portion of the said property whreas my client needs the full

sold, transferred, assigned the said property in favour of my

client by virtue of the said deed of conveyance and instead

of handing over peaceful vacant possession the said

property to my client, you have been continuing to use,

utilities and enjoy the same, unauthorisedly for your own

benefit.

It is pertinent to mention herein that my client

has reminded and requested you for several times to vacate

and handover the said occupied portion of the said property

peacefully but in all the occasion you had only made false

promises and had deliberately continued to trespass the

above-mentioned premises.

[5]
 There is no valid reason for withholding the

possession of the said property, which is lawfully belonging

to my client. It is in fact construed by your antecedents that

you are a deliberate trespasser with dishonest and

malicious intentions. From the outset, you intended to

trespass upon the property for your own benefit, thereby

making wrongful gains at the expense of my client's rightful

ownership.

That it will not be out of place to mention

herein that you had pretended to be the innocent flower,

nevertheless, you had acted like the serpent underneath it

by completely violating and/or flouting the terms and

conditions as stated in the deed of conveyance executed

between you and my client.

[6]
 That despite the presence of a binding deed of

conveyance, you had been requested my client to allow you

to stay in the said property in a portion for a certain period

of time, until you arrange for an accommodation to stay in.

The said offer has been accepted by my client in good faith

and on the ground of the humanity.

It is crucial to highlight that despite my client's

repeated requests for you to vacate the partially occupied

property, you have persistently extended your unauthorized

stay for your personal benefit. This prolonged use

constitutes clear trespassing on property that rightfully

belongs to my client, without any consent or prior

authorization, thereby causing damage. Your actions not

only disregard my client's rightful ownership but also reflect

a deliberate disregard for their requests and legal rights

[7]
concerning the property. Therefore, it is imperative that you

promptly cease your unauthorized occupation and vacate

the premises to restore my client's lawful possession

without further delay

It is also crucial to note that my client, as the

absolute and sole owner of the property, urgently requires

possession. Your unauthorized and unlawful occupation

and enjoyment of the property not only constitute trespass

but also pose a danger to the suit property. Such actions

flagrantly disregard the legal boundaries set forth in the

deed of conveyance, a binding document. This undermines

my client's rightful ownership and legal entitlements.

Therefore, it is imperative that you promptly cease your

unwarranted occupation and restore possession to my

client, thereby respecting legal agreements and preventing

further damage to the property.

[8]
 That, owing to your actions and omissions, by

illicitly inhabiting in my client's partial property have

precipitated substantial pecuniary detriment and inflicted

profound mental anguish. As the sole intruder lacking legal

authority, you bear unmistakable blameworthiness for these

adversities.

However, you have regrettably neglected your

responsibilities and purposefully avoided fulfilling your

obligation to deliver peaceful and vacant possession of the

property to my client, despite the execution of the registered

deed of conveyance. This failure on your part has resulted

in significant inconvenience and financial loss to my client,

who rightfully expected timely compliance with the terms of

the agreement.

[9]
 In light of the prevailing circumstances, I,

acting on behalf of my client and under their explicit

instructions, formally advised that you promptly vacate and

relinquish possession of the specified property. Your

ongoing unauthorized occupancy has undeniably resulted

in substantial damage and inflicted wrongful losses upon

my client. It is imperative that you regard this within 7 days

from the date of receipt of this notice. Failure to comply will

leave my client with no choice but to pursue legal recourse

against you. This action will hold you entirely accountable

for this blatant breach of legal and contractual obligations,

ensuring necessary steps are taken to rectify the situation

and restore my client's rightful ownership promptly.

In the event of your failure to take requisite

actions, my client will have no alternative but to pursue

legal action against you, without further notice. In such

[10]
circumstances, my client will seek redress through litigation

in a court of law. Any resulting costs and consequences will

be entirely at your own expense.

It is furthermore clarified that this notice does

not preclude my client from pursuing any other lawful

remedies available to them.

It is also clarified that this notice is issued

without prejudice to any other rights, claims and

contentions of my client under applicable laws.

Yours faithfully

(Advocate)

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