tenant act

Querist : Anonymous (Querist) 07 February 2011 This query is : Resolved
respected sir,
i have a query aregarding a suit...
sir my friend(my friend is poor and his father became 90 years old) has a property, some persons residing in it filled a case(tenancy act) ten years back but lastly a year ago the case has been dismissed by supreme court..now those persons not leaving the site and again filling the case in lower court(district court)..some peoples telling that supreme court is last then how come they can file a case again and again..
thanking you.

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Parveen Kr. Aggarwal (Expert) 07 February 2011
From your query it appears that your friend is owner and landlord of the premises whereas the other persons occupying it are tenants. If that is so, the petition for eviction if dismissed upto the Supreme Court, you friend may initiate another eviction petition on different ground of eviction. There is no prohibition.

Chanchal Nag Chowdhury (Expert) 08 February 2011
From your query it appears that your friend had not filed the case but the occupiers did. Your friend is advised to file a suit for recovery of possession.

Kirti Kar Tripathi (Expert) 09 February 2011
Your friend can file execution on the basis of SC judgment and can also raise the point of res judicata in present suit.