Jigar 13 February 2018

Contesting a high court decree order

Hello

My father rented his flat to one of our relatives and this relative without informing us formed a partnership company on this address 18 years back..Now, one of the partners of the company passed away and their successors filed a case against our relative/this company..but the relative never atteneded and was considred exparte and the court has issued a decree against him demanding money so they have attached our flat in the order to which we were unaware of...

What can be done..the relative has passed away and their wife/sons are still saying in this flat..without paying any rent..and also the person who filed a case on them think that the relatives own the flat and have got a decree attachment of the flat..AND WE ARE TRAPPED..We are thinking of selling this flat but neither the tenants are leaving nor we are sure how to remove this decree which was a trap..

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6 Replies

TGK REDDI 13 February 2018

" ....... court has issued a decree ...... " In the text you haven't said, "High Court". In the Heading, you have. It's unlikely that it is High Court. Kindly clarify.

Jigar 13 February 2018

Originally posted by : TGK REDDI
	" ....... court has issued a decree ...... " In the text you haven't said, "High Court". In the Heading, you have. It's unlikely that it is High Court. Kindly clarify.

high court

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 14 February 2018

Sir, Challenge the decree .... Warm Regards Kapil Chandna Advocate 9899011450,9911218741

Jigar 15 February 2018

How should I challenge..

I mean my tenant had a company on my flat address and was an exparte and never paid any visit not atteneded thecivil court and was issued a decree where my own flat was attached..now I dont know who filed a case against them and the tenant also has left the flat..

Process is as follows

My father rented the flat to a relative ( tenant)
Tenant formed a partnership company with somone on our address
Tenant's Partner died and his wife filed a civil case on the company
My tenant never atteneded the civil court and was exparte after 8-10 years
The partner's wife must have bribed someone and has got a decree notice where our flat is attached and we never knew
My tenant informed us that they have got a notice from the coirt that the flat is attached

Now, conssidering this scenario..we as a flat owner what should we do...??

Mr Ronnie (Service) 22 May 2018

In simple terms you mean..in your flat the tenant formed a company and now has this flat attached...??

Jigar 23 May 2018

The attachment order is on our flat address as the company was formed by the tenant on our address however the case is not on us but the tenant..I am thinking of selling the flat ...is this known as litigation and can the court attach our flat even though the tenant has left the flat??

In simple terms

We rented the residential flat..the tenant formed a partnership company on our rented flat and the partners have died..the heirs of the partners have filed a money case on our tenant and since he never attended or hear the court..he has been termed exparte and the high court issued a attachment order on the company address(which is our flat) without knowing that the flat is owned by someone else but not the company owner..

What should be the scenario now..

a) Is our flat termed litigated?
b) Should we sell the flat to someone else or can rent to someone else??
c) Will the attachment order still be relevant if the tenant on whose name the attachement order is there has left the flat..
d) Should I appeal to the court to remove the attachment order as it was the company formed by the tenant and not us and that he is nowhere related to our flat anymore??
e) How to do the searcing process if we want to sell the flat to someone else and that to see that its not mentioned as a litigated flat??

Hope all experts views and comments..we are from Kolkata