Rc revision help
Rajpal
(Querist) 03 September 2011
This query is : Resolved
Dear All,
I had received Eviction Orders from the Lower Court for my shop in lieu for bonafide use.
But the Tenant has filed an RC revision under High Court - which I checked from the Online High Court Website ---
When i checked the Last date for revision had already passed and the Next Date is after about 6 months .
I still have not received any summon for which i would be going to find out from High Court itself
Please help me in the following queries :-
Can my tenant get stay without me being served the summon? If yes, I believe he will be given another date however, I wonder, if I'll be able to procure eviction order from the lower court? Or High Court's next date in itself is a stay and I'll not be able to procure eviction orders from the Lower Court.
Can I make an application for payment of market rent instead of rent being paid by the tenant after the time of eviction has paased i.e November 2011 -- given by the Lower Court .
Requesting your kind help :-
Regards,
Rajpal
Raj Kumar Makkad
(Expert) 03 September 2011
Dont mix various questions at one place. If you demand fair rent at this stage then your case seeking eviction shall become weak.
In you main matter, it is not necessary that HC issue sty order against eviction. Merely filing revision is no stay. 6 Months period is very long and you may receive summons during this period, if HC have issued. You may file execution petition and if any stay is in operation, its copy shall definitely be produced by tenant otherwise you go ahead without any legal hurdle and get possession of your shop.
prabhakar singh
(Expert) 03 September 2011
Stays are natural out course if revision or appeals provided , are admitted as it is the practice of courts to maintain the status quo
of property as was it on origin of litigation in court.
Filling of revision and admission thereof by the court are two things ,but simultaneously,the matter of admission is always between court and revisionist,in which
opposite party has no right to say.
The right to grant an exparte order is also not barred unless there is a caveat lodged by opposite party.
It appears you initiated the eviction proceedings on the ground of need and the same is decreed. Neither you can nor should you claim any enhanced rent just here now in this proceeding.
The life of even this case is too long,
hence you can plan for a separate proceedings before rent control officer designated in the RENT CONTROL Act of your state after considering pros and cons with your counsel.
