Well Wisher (analyst) 27 June 2016

Tenant not vacating and keep appealing

Dear Experts.

I was having a registered lease agreement with my tenant for 3 years with arbitration clause in the agreement.

Tenant was not paying rents on time so i have issues notice for termination of agreement and requested a abritrator to be appointed by cheif justice of High court and fought the case for almost 2 years and atlast judgement was in my favour to pay arreas and evict the premises.

Tenant appealed in civil court and challenged the award passed by arbitrator and again lost the case in civil court which took 1 year of time.

Tenant now applied for second appeal in high court and not paid rent almost 3 years as advised by his advocate so that i may compromise the case keeping a huge amount in mind.

But i have not given up and ready to fight in high court.

My concerns are will he get stay of the order passed by the previous courts if he deposite the due rent in court. The registered agreement is expired 1 year back

Will high court put a stay and allow him to continue though the agreement is expired and already lost in 2 courts.

Please advise for running the case in high court.

Thanks

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2 Replies

Well Wisher (analyst) 28 June 2016

Atlast i am really happy that high court has rejected the appeal and stay with in 1 days of hearings.

Well Wisher (analyst) 28 June 2016

its always having better to have a Arbitration clause in rental agreement and register the lease deed in your planning to do agreement for more then 1 year.

Proceedings are little comfort.

1. Appointment of arbitration - 3months

2. Time taken by arbitration will depends from 6 months to 1 year.

3. First Appeal is civil court and judgement - 1 year

4. Second appeal in high court if case strong then 1 month or else 2 years.