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execution of decree

(Querist) 28 August 2008 This query is : Resolved 
my brother had a shop on rent for selling of medicine. his landlord win a suit under section 13 of Haryana rent control act. court ordered that eject the shop with in two months or pay the rent outstanding.
within one month of order my brother got admission in engineering & we left the shop open after removing all our article. Now he is a student of engineering since last three years and it is his last year.

now the land lord after three years filed execution of that order and claimed possession of the shop and outstanding rent and charges.

Mistake on our part is that we did not hand over the possession to the landlord but laid it empty. later on landlord gave this shop to other tenant with in one month of decree. but we dont have any proof that the shop is in his possession since last three year after decree within one month.

what we can show is that my brother is regularly going to college to attend classes of engineering since last three years. As per drug inspector record the shop is closed since last three years. so what we will get by keeping the shop with us. and why a person will stay silence about the shop of which no rent is being received and the court has made the order in his favour.

AT the time of decree we had alreay purchased a shope in his to shift his shop in case he done not get admission in engineering but luckiliy he got admission and that our own shop is lying vacant since last three year. can it be a valid defence.

he has filed a false execution. can we take any civil or criminal action againt us for filing false execution since the shop is in his possession from last three years.
Pleas advice.
Anish Jain (Querist) 28 August 2008
please advice
V.Raghavan (Expert) 28 August 2008
The land lord might have obtained the execution order only for the collection of rent as per the court orders. But since you did not inform him about your vacating he might have filed another petition on the same case i suppose. Any how collect the execution order copy and go for an appeal over that. Or send the details of the land lord's current claim.
Anish Jain (Querist) 29 August 2008
Raghvan ji,

thanks for reply. let me clear the point.
land lord has not obtained execution order but he has filed application for execution. now my point is since i am out of possession since last three years. what are the grounds which i can raise during filing of objections. one ground is that my brother is stuying since last three years so his attendance record can be summoned in the court. second as per office of drug inspector this shop is closed since last three years. what are the other grounds which i can raise in the objections. how i prove that i am out of possession since last three years and the landlord is in possession since last three years.

whether i can file civil or criminal procedding against landlord for filing false execution.

anish jain
Anish Jain (Querist) 29 August 2008
please advice
PALNITKAR V.V. (Expert) 15 January 2009
You committed a mistake in not informing the landlord that you have vacated. You should have obtained receipt from him about delivery of possession. Anyway, now you have to fight and prove that you vacated before three years. You may examine your brother and adjacent shop owners or residents also to prove that you vacated and to prove that the new tenant is now occupying. There is no point in filing any independant civil or criminal proceeding as the fault lies with you.

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