Ejectment execution
Swarna kamal Chandra
(Querist) 27 May 2016
This query is : Resolved
My father filed an ejectment suit against his tenant for defaulting in paying rent, illegal construction and having his alternate accomodation in 2009.The tenants didnot appear and has declared exparte on 2011.We got the decree on 2015 and filed an execution case.The exectution was successfully done by the court officers with the police help. After a few hours of execution they assembled few antisocials and forcefully disposses us. Now one of the tanant filed a misc.case in the court saying that he has no knowledge regarding the suit. He also said that one of the defendent(married daughter of the original tenant who lives in her maternal house) dies before delivering the exparte order who lives very far away from the suit property. We didnot had any information regarding the demise of that tenant. Now I want to know whether the misc.case is maintainable in law when a long time has been elapsed?If it is not maintainable, is there any judgement of the supreme court or any high court. If it is maintainable what should I do now?
P. Venu
(Expert) 27 May 2016
You can object to the Misc. Petition.
Advocate Bhartesh goyal
(Expert) 27 May 2016
Yes Misc.Petition is maintainable but tenant has to prove that summons of the case hadn't been served to him and other defendants.
Dr J C Vashista
(Expert) 28 May 2016
Consult your lawyer who is well equipped with all relevant information and facts of the case.
Do not spoil your peace/case by seeking second, third, fourth and subsequent opinion and advise (despite the fact that you are getting it FREE OF COST).
