Rental Property
Rajendran
(Querist) 23 December 2008
This query is : Resolved
I am from chennai. I have rented my house to a tenant for 20 yrs. and filing the case to vacate the tenant from my house, 4 months back court has ordered my tenant to vacate my house. my tenant did'nt responded after filing the eviction, my advocate says my tenant has put the petition against the judge and the judge's duty is to respond to his senior?. my question is : is there way a person puts a petition against the judge?. should the judge ignore the petition or he must explain his stand?. my tenant still not vacated, can i file a contempt of court against my tenant and can send him to jail?.
Tribhuwan Pandey
(Expert) 24 December 2008
Either your advocate is misguiding you or you didn't understand what happened in your case.
As per your quarry I understand perhaps your tenant has filed an appeal against the eviction order and he got stay order, so he is not evicting the premises.
Where a judge has passed an order in judicial side, the affected party has right to file an appeal or any other remedy prescribed in the law but it means not that affected party may file petition against the judge.
In case, in your best knowledge if your tenant has not filed an appeal and there is no stay order in his favour, so what are you thinking move the execution for eviction against your tenant, order is in your favour, contempt is not a remedy for you.
Rajendran
(Querist) 24 December 2008
thank you for your prompt reply sir. my tenant has not filed an appeal, my advocate said, he has wriiten that the judge is in favour of me?. It is clear that the judge himself said at one time that my tenant is not serious in the case and just wanted to drag it. is there any way to stop dragging the case?.
Kiran Kumar
(Expert) 25 December 2008
rajendran pls consult some other local lawyer for apt opinion...since the papers r not in front of us so it will be premature for us to say anything.
if u ve won the case the go for execution....better show ur complete file to some good lawyer....
