evection suit


Hi ,all I'm senior citizen, I have filed evection case against a tenant for not vacating my house as rental agreement is expired ¬ renewed by me after 4months of suit in the court, now the court ordered for lok Adalat & asked me to compromise if possible

my questions are

1what is lok Adalat, how it works

2 I'm ready to compromise by giving some time to vacate but what happens if tenant does not appear to lok Adalat

3 will the court gives another date for tenant to appear

4 is it necessary for both tenant/landlord to get compromise if either of the party wo'nt agree for compromise what happens next

5 if we compromise what will the court do weather it gives copies in writing signed by judge to both parties

6 what happens if tenant still not vacate how the lok Adalat will helpfull for me
pls explain in details pls give ans for all the questions I will be wating
 
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LAWYER

1 what is lok Adalat, how it works

 Adalat is a system of Alternative Dispute Resolution developed in India vide Legal Services Authorities Act, 1987

2 I'm ready to compromise by giving some time to vacate but what happens if tenant does not appear to lok Adalat

The Lok Adalat shall pass orders only when both the parties are presant and mutually reach to a compromise.in absence or if one of the parties does not agree to appear to get the dispute solved in the Lok Adalat ,then the case would be returned back to court.

3 will the court gives another date for tenant to appear;

Upon request the Summons can again be served to other party for appearance on next Dat

4 is it necessary for both tenant/landlord to get compromise if either of the party wo'nt agree for compromise what happens next

If the parties failed to reach to any settlement/compromise no order shall be passed by the lok Adalat ;

5 if we compromise what will the court do weather it gives copies in writing signed by judge to both parties

Upon the compromise of parties the Lok Adalat shall pass an order and dipose off the Case, and the order shall be binding upon the parties.The parties shall submit their statement and that shall be recorded .

The parties can get certified copies of judgment. 

6 what happens if tenant still not vacate how the lok Adalat will helpfull for me pls explain in details pls give ans for all the questions I will be wating

The Lok Adalat order is executable same as the decree of court.If the tenant failed to vace you can file an execution petiotion for iimplementation of the order.

 
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Lok Adalat, usually start it's proceedings if both the parties are agree to it. So in your case tenant and you both must agree to approach the Lok Adalat to sort out the existing problem. 2) If the tenant after agreeing has not appeared before the Lok Adalat, it meant that he has backtracked to the proceedings. 3) So again the position of your case will be square one. However, usually the decision of the Lok Adalat cannot be appealed in the Higher Courts. Only in exceptional circumstances appeal can be filed against its order/decision.
 
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Chalk out the compromise terms and conditions first. After that discuss with your Counsel.

 
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Dear Sir,

1. Lok Adalat is one of the Alternative dispute resolution mechanisms in India, it is a forum where cases pending or at a pre-litigation stage in a court of law are settled. They have been given statutory status under the Legal Services Authorities Act, 1987.

2. there are enough chances given to the respondent to appear and settle the matter but in case the tenant does not appear, the case is again transferred to the court and begin with normal proceedings where the court will decide on the basis of the proofs submitted.

3. As mentioned above, the court gives the respondent a fair chance to present its case to the court but if the respondent does not appear then, in that case, an ex-parte decree is passed by the court. An 'Ex parte decree' is a decree passed against the respondent in absentia. Despite service of summons, where on the date of hearing the only plaintiff does and a defendant does not appear the Court may hear the suit ex parte and pass a decree against the respondent.

4. In case both the parties do not reach a point to settle or compromise in Lok Adalat then the case is transferred to the court again. And the suit is contested by both the parties to prove their points.

5. Yes, you'll be getting in writing which is authorized by the Hon'ble court.

6. As mentioned above the case is transferred to Lok Adalat for settlement purpose in case that does not happen then the case is transferred back to the court. In case judgment is given in your favor then the tenant has to follow the orders of the court or else legal action would be taken against him/her.

 

 

 

 
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If advocates go on convincing u they really becomes crack.do u think that Ur case in India is ex ordinary case and all shud listen about it. Plenty of cases r there . Court can spend it when it called Ur case for just 2to5mts only.if it takes interest on Ur case only then what about others.i see in court aged persons come and tell complaints about every thing and every one so there children's run away from them.there complaints never ends.they blame every thing
 
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thank you so much for different opinions
 
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