Haryana rent act

Querist : Anonymous (Querist) 12 October 2011 This query is : Resolved
The facts are as under:—
1. I the landlord filed an eviction petition against my tenant on grounds as under.

(a) Material impairment
(b) "13(3)(a)(iv) the tenant has already in his own possession a residential building or subsequently acquires possession of, or erects, such a building reasonably sufficient for his requirement in the urban area concerned;"

2. The tenant filed an application under 1/10 for impleading the other co owners. Althout the rent note was between him and me only.

3. The said application was turned down.

4. The Lower court / Rent controller ordered eviction of the tenant and allowed 3 months to give vacant possession.

5. The tenant filed an appeal in sessions against the said order.

6. The tenant's stay aplication was not decided. The tenant filed another application in the sessions to appoint local commissioner and report that the encroachment done by him is not alone whole of the market near his area has encroached upon.

7. Part arguments were held in sessions and the case was adjourned for order. One day prior to order the judge got transfered orders and the judge adjourned the case without any orders on stay application.

8. Then the case was transfered and the court became defunct.

9. The case was received by transfer in the new court.

10. The counsel for tenant kept on taking adjournment after adjournment one pretext or the other without getting the stay application decided.

11. We filed execution on the lower court's orderas there was not stay from sessions for 9 months. The execution was allowed and a warrant of possession was issued.

12. Executing that warrant of possesion we got the vacant possession of the said shop.

Question 1. What is the legal postion of this appleal in sessions now ?

Question 2. What legal remidies are available to the tenant ?

Question 3. The tenant had also filed and interpleader suit, now what will be situation in this case ?

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prabhakar singh (Expert) 12 October 2011
ANSWER TO::

Question 1. What is the legal postion of this appleal in sessions now ?
NO stay shall now be granted but it shall be heard and disposed of on merit.

Question 2. What legal remidies are available to the tenant ?
At once he has no remedy.If his appeal is allowed only then he can apply for restoration of possession but you shall get stay from high court,the upper hand normally tenants enjoy these cases is lost by him and during course of on going litigation you shall always be enjoying it.

Question 3. The tenant had also filed and interpleader suit, now what will be situation in this case ?

It shall go independently but shall have no bearing on tenants eviction case.

Raj Kumar Makkad (Expert) 12 October 2011
Nothing remains for me to add in the wise reply of prabhakar singh. The situation is win win for you.

Raj Kumar Makkad (Expert) 12 October 2011
One thing additionally to add....

Do not become careless in your ongoing litigation because you go vacant possession of your rented shop from appellant tenant and defend your case with more zeal and enthusiasm.

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