Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

amit (engineer)     31 October 2013

Can tennant move to supreme court after giving undertaking?

Sir,

Our tenant moved to High Court in April itself, and now High Court has dismissed his petition and given him 8 month time to vacate the house(on the basis of bonafide necessity of landlord. High Court directed him to give undertaking in written to the lower court that he will vacate on before 8 month time. The last para goes like this in judgement -: " In case of non-compliance of the order passed by this court, the petitioner shall also be liable of contempt proceedings for contempt of this court in addition to the execution of the eviction order"

My Questions:-

1. Can he appeal in Supreme court? if yes how much time he have to appeal?

2. If he gave undertaking that he will vacate after eight months, then does it means we still have to file for execution process in the lower court(which may take six more months) or he has to directly vacate the house.

3. Does this judgement means he cant appeal further and No execution required.

4. What if he dont give undertaking?



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     31 October 2013

No further appeal. It is not mentioned in the order. Is it not. ? He has to evict other wise contempt. 

amit (engineer)     31 October 2013

Thanks Mr. Rama, ok i was bit confused, thanks for the clarification.

I assume that now we dont need to go for separate eviction procedure also if he gave undertaking? 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register