Regarding rental issues

Querist : Anonymous (Querist) 07 April 2019 This query is : Resolved
We had a property dispute over father's self acquired property among 6 siblings.
I won the case on 15 dec'17 for my 1/6 th part of the property.
The opposing party appeled in the high court which was accepted, ordering the lower court to proceed with it's execution but not to declare any decision without the high court's final decision.
I wanted to clear certain doubts regarding the case:
‌1. Can I demand the rent of my property currently acquired by the opposing parties starting from 15'dec 17.
2‌‌.If yes then under which Act and where should I appeal.

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Dr J C Vashista (Expert) 08 April 2019
Your question is vague and not clear.
Did you ask the query from your lawyer, who is well acquainted with facts of the case, an able, competent and intelligent enough to solve your question?

Dr J C Vashista (Expert) 08 April 2019
What is there to remain "anonymous" author in your question?
Anonymous person may not be obliged by experts as per rule of this platform.

Guest (Expert) 08 April 2019
Mr.Vashista inspite of several instructions you are not able to understand.

Guest (Expert) 08 April 2019
Posting as Anonymous is an option given here and you can not make your own rules here advising the innocent Querist not to post as Anonymous.

Guest (Expert) 08 April 2019
If you do not wish to reply Or if you do not have a reply just ignore the Thread than insulting the innocent Querist Please

Guest (Expert) 08 April 2019
Dear Querist all your claims could be made once the Orders in Appeal is made.

Querist : Anonymous (Querist) 09 April 2019
Thank you sir for answering the question.
I am the youngest sister and my brothers are currently using my portion of the property (in jaipur) and they are just delaying the case as they somewhere know they are gonna lose it. I jst wanted to create pressure on them so that they would come to a settlement or let the court do it's work as it's been around 8 years to this case. Is that not even remotely possible to claim the rent in either of the courts(High court or the lower court).

Querist : Anonymous (Querist) 09 April 2019
One more thing my case in under the due course case category(stay) in HC. So after the proceedings of the lower court are completed, can I appeal in the high court to reopen my case. If yes, how?

Raj Kumar Makkad (Expert) 09 January 2020
Lower Court proceeding shall not conclude until high court decides the case finally.

Raj Kumar Makkad (Expert) 10 January 2020
Rent on the property which came to your share can definitely be demanded by moving a separate application in the pending case at high court as mense profit but the same shall only for the pressure tactics as you already mentioned in the query as the decree passed by the trial court stands stayed by high court.

Raj Kumar Makkad (Expert) 10 January 2020
Lower court shall not entertain execution petition as its final verdict is under stay order so better to expedite the disposal of high court petition.

Raj Kumar Makkad (Expert) 10 January 2020
Lower court shall not entertain execution petition as its final verdict is under stay order so better to expedite the disposal of high court petition. Execution of final order can only be made.

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