The presidency small cause court act

vinodkumar (Querist) 09 April 2013 This query is : Resolved
under the presidency small cause act sec 41 and 43 SMALL CAUSE CORT OF AHMEDABAD court issue a warrant recovery of possession of tenant premises, now THE TENANT HAS WHAT OPTION FOR PROTECT HIS TENANT RIGHT? IN HRP SUIT COURT ORDER IN FAVOUR OF OWNER, NOW WHAT LEAGLE OPTION FOR TENAT

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Raj Kumar Makkad (Expert) 09 April 2013
He should immediately seek stay order against the eviction order and should get restranment orders theeto from the appellate court or should vacate.

Adv k . mahesh (Expert) 10 April 2013
take stay order from the court

Sudhir Kumar, Advocate (Expert) 10 April 2013
seek stay. Better eleborate facts of the case.

prabhakar singh (Expert) 10 April 2013
Did tenant put appearance in the case or eviction decree was passed ex parte.

In case it was passed ex parte it would be wise not to file revision but to seek it's setaside in the same court after offering security and surety for performance of decree,and seeking stay of operation of the decree.

In case it was passed on merit hearing both sides then only revision is the remedy.

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