amit (engineer) 16 February 2013

Tenant lost case in session & lower court. now what?

We filed a case against our tenant on the basis of Bonafide use of landlord in 2009 in session court(Haryana Court,Panchkula), and court given decsion on our favour. Then tenant moved for stay in next court i.e Lower Court where Judge has denied his stay and given decison in our favor again. Now what?

1. What are the chances that High Court will accept his case if he apply in High Court?

2. How much min. cost will Tenant has to bear for moving the case in High Court?

3. If two courts have given decisions in our favor? Will High Court accept the case ?

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6 Replies

Kiran Kumar (Lawyer) 16 February 2013

Dear Amit, for a landlord, bonafide necessity is the best possible ground available under the Haryana Rent Laws.

As far as consequences before HC are concerned, all depends upon the merits of the case. You cannot generalise the things. But it does not mean that the tenant will have the upper hand. Its true that when there are findings of facts by the Ld. Courts below then there is a little scope of interference in Revision Jurisdiction by HC. But still if there is some serious error of law in the matter then the tenant may have some scope before HC.

Dont worry about the costs to be born by tenant to move HC, better you proceed with the Execution proceedings to give conclusion to your litigation.

Better be in consultation with some P&H High Court lawyer, so that he may read your case file to provide you with some proper analysis of your matter.

amit (engineer) 16 February 2013

Dear Kiran Kumar ji,

Thank you for your reply. Please let me know where you stay? If in chandigarh then we can vist you for discussion or suggest us any lawer for consultation in person in chandigar/panchkula who guide us properly.

thanks again

Kiran Kumar (Lawyer) 16 February 2013

You may visit my office in Sector 38 W in Chandigarh or meet me in High Court itself.

This Sunday (tomorrow), I will not be available in Chandigarh.

My cell no. is 098143-03538

amit (engineer) 04 April 2013

Dear Kiran ji,

Can i see online whether the tenant's appeal has been taken in high court or not?

if yes which website and how to check so that i can perpare accordingly?

amit (engineer) 07 April 2013

I want to clear few queries regarding tenant eviction procedure in Haryana State.

We have won the case in both the lower court on the basis of bonafide need/use agains our tenant and court given orders to vacate the house in two months time i.e 15th April i have some questions:-

1. How much time tenant have to go to high court?

2. When we can file for eviction if he dont vacate on 15th?

3. Can we file for eviction before 15th?

4. After filling for eviction how much time more it will take in general with Tenants maximum resistance?

5.What are the best tools/options tenant have to delay the process of vacating house?How we can overcome it as landlord?

Your inputs will be helpful to us.

amit (engineer) 08 April 2013

Dear Sir,

I checked on courtnic.nic.in and found that my tenant has filed case in High Court which is showing me hearing date of next week and type showing Civil Revision(rent).

want to clear few queries :-

1. Can we file for eviction now?

2. What does Civil revision (rent) means?

3. Is this meant that High Court has accepted his Appeal for Stay/pettion?

4. At what point we need to appoint High Court Advocate as our current advocate says no need as max time one side decison id made in favour of landlord if bonafide use is justified.

5.What are the best tools/options tenant have to delay the process of vacating house?How we can overcome it as landlord?

Your inputs will be helpful to us.