engineer
[ Scorecard : 96]
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Posted On 03 November 2009 at 19:26
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dear members,I just recently filed a case against our tenant who is not vacating our house. In my case i had given following reasons to vacate the house:- 1. I and my wife needed house for personal use 2. i had attched duly signed/stamped reconstruction map of house and given reason thta i want to reconstruct house from ground floor upto two floors ,prently its only single floor. now my qestion is:-
1. How much time frame it will take if to get \a judgement if my tenant lawer attends all dates.
2. the said house is in my name, and presntly my wife is living with my mother in our family house which is on my mothers name and its above two floors are also rented to different tenants and myself is working abroad.. Does this makes my petion of personal use weak?
3. In the second hearing date in which court asked to deposit pending rents as we filed in our petition as @5000 which we were taking from it before filing case, but he showed three years old agreement of @3500 rent and paid dues as per Rs. 3500 only plus interest and fine. When i objected then my lawer said we have to accept at present whatever he is depositing under despute for the time being. so i signed the paper underdispute accepted. Now plz tell is this procedure to go in such cases??? will now tenant be benifted of Rs. 1500 per month till the end of case? he is staying in this house since 2006 and we had last aggrent of 4500 after that we didnt done agreement but taking 5000 rent and kept on saying him to vacate the house..
3. Will in any case judge can give judgement to vacate the house to tenant and give us condition that compulsory we cannot give at least one floor to rent as to show personal use??
plz give your valuble answers thanks
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engineer
[ Scorecard : 96]
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Posted On 03 November 2009 at 19:29
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plz note that i am talking about punjab and haryana courts for the expected time frame of getting judgement
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Advocate
[ Scorecard : 323]
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Posted On 11 November 2009 at 22:18
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How can you expect us to say the expected time?
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engineer
[ Scorecard : 96]
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Posted On 12 November 2009 at 17:08
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Dear Mr. Rajendra Prakash
i am just trying to know the general time it takes as you all are experienced one and you have seen dso many cases in your professional life.
plz if you can review my case and tell me chances of my case in my favor
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Advocate
[ Scorecard : 42]
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Posted On 01 December 2009 at 17:19
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Mr. Amit it is impossible to predict time span as it will depend upon pendancy of litigations in courts and response of other party in your case. However you can mke sincere efforts for taking matter for early hearings under due procedure. We don't know whether there exist Rent Control Act or not ( pertaining to your state ). Your case's fate will depend upon evidence and relevant Rent control Act of your state.
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engineer
[ Scorecard : 96]
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Posted On 28 March 2011 at 23:15
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dear all members,
Today the lower court had given judgement in our favour for vacating the house to the tenant in two months times. Now our lawyer suggesting us to put some notice to him before he goes for stay order to which he is terming as "kevit or gaveit" .
My query is:-
1. How can we stop him taking stay oder on the judgement from session court?
2. Or how can we avoid the unnecssary time he will buy on pretext of applying stay order .?
3.Can he go for session court and will session court accepts his case even though supmreme court orders are "landlord can vacate his house on bonafide necessity"
3. can session court ignore the lower court judgement and will accept his case from new?
please guide
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DEFENSE IS POWER OF NEGATIVE POWER OF DARKNESS.IT IS IMMENSE & PERPETUAL- firmaction@gmail.com
[ Scorecard : 14924]
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Posted On 29 March 2011 at 10:27
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Pl do not be in a hurry such matters go upto SC.
Total thanks : 1 times
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engineer
[ Scorecard : 96]
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Posted On 29 March 2011 at 11:22
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Respected Sir,
SC is the extreme , if my tenant is thinking uptill that for that i cant do anything and have to be patient. But at present he have to go for session court first then only high court/supreme court.
MY BIGGEST QUESTION IS "A DECSION GIVEN BY LOWER COURT CAN BE IGNORED AND HIS CASE CAN BE ACCEPTED BY SESSION COURT EVEN THOUGH supmreme court orders are Landlord can vacate his house on bonafide necessity"
assuming that he will be trying to buy time in every process he opts to, for avoiding that i am seeking your advice for the following:-
1. How can we stop him taking stay oder FOR INCREASE IN TIME OF TWO MONTHS GIVEN TO HIM BY LOWER COURT on the judgement ?
2. Or how can we avoid the unnecssary time he will buy on pretext of applying stay order .?
3.Can he go for session court and will session court accepts his case even though supmreme court orders are "landlord can vacate his house on bonafide necessity"
3. can session court ignore the lower court judgement and will accept his case from new?
please guide
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owner
[ Scorecard : 38]
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Posted On 03 May 2011 at 14:11
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Dear all,
Please reply for amit question, because my case is same as amit's . Onlydifference is lower court judgement date is 06/04/2011.
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owner
[ Scorecard : 38]
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Posted On 15 May 2011 at 13:02
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Dear All,
After applying stay application against lower court eviction order, tenant lawyer took three dates in session court without any argument. I want to know what his lawyer trying to prove. After lower court eviction order, tenant did not pay any rent.
Dear Amit,
Please tell, what is progress in your court case after lower court eviction order.
Regards,
Ajay.
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