Court procedures
pawan kumar
(Querist) 12 February 2012
This query is : Resolved
suit was filed on grounds of non payment of rent.summons were issued defendent appeared and sought adjiurnments on various dates to file written statement and he didnot file w/sin one yr. time.court imposed minor penality of rs.600/for delay still w/s not filed nor penality paid by defendent. court afteri yr. struck the defence and proceeded for arguments of plaintiff.which were held without defence lawyer.case adjourned for ex parte evidence of plaintiff strucking defendent right of arguements. after plaitiff exparte evidence which stage will come or court can pronounce judgement. our submission for issuance of order for deposit of arrears of rent was not considerd and court told first they will conduct exparte evidence of plaintiff then court will consider issuing orders of payment of due rent.since tenant is enjoying property without paying rent he is not appearing on any of dates nor filing w/s nor his lawyer appearing rather tenant is laughing at landlord and asking for money to vacate.he says if exparte judgement is given he will get it set aside and for further 2yr drag the case and enjoy the property without payment of any rent. is he right.is there no provision in law that court will ask tenant to deposit rent pending suit
Raj Kumar Makkad
(Expert) 12 February 2012
As the tenant has become ex-parte and even his defence has been struck off so court shall have to provide final decree in your favour on the basis of your evidence. You lead your entire evidence in a single hearing and then get the case posted for argument.
You may demand 10 times of mesne profits for the period, such tenant files an appeal against such order and gets stay order against the executive petition.
In the given facts, the chances of setting aside the order do not arise but courts have discretionary power to set aside in the interest of justice.
V R SHROFF
(Expert) 12 February 2012
which city? where is the tenanted property situated. how many tenants , & why ex-parte???
M V Gupta
(Expert) 14 February 2012
Hope u had given termination notice before filing the suit for eviction of the tenant and claimed mesne profits in you plaint.
