Eviction of tenant
Vipesh
(Querist) 16 June 2014
This query is : Resolved
Hi
We are living in a Tenant Property in South Mumbai. A New Landlord has purchased our building & wants to redevelop the Same. We have not given the "Irrevocable Consent" for the same for various issues.
he is not willing to make Agreement s one of them
The Landlord has filed an Eviction Suit against us in small causes court (RAER) citing various reasons for eviction
We have hired a Lawyer to fight for us in the small causes court.
Now it seems that our lawyer has joined hands with the Landlord & is unnecessarily forcing us to do certain things which by doing we will get into deep trouble & then he can mint more money from us
He has warned us that if we do not do things as per his wishes we will lose the case in small causes court. The case has been filed just 6 months back
Now my Query is
1) Is he trying to check us with the money and the spending power
2) Is it possible to change the lawyer midway & if yes, is it advisable
3) How can we get the replies that he has filed in the court
4) What if we do not change the lawyer & pursue him. Can he make us lose the case.
5) If he fights for us in Negative mindset is it possible for us to lose the case in such less time
6) The case is just 6 months old. I hv heard that a case in Small Causes court can be extended upto min 5 years.
7) What can we do if we lose the case in Small Causes.
Thanking you very much in Advance
ajay sethi
(Expert) 16 June 2014
1) request your lawyer to furnish copies of suit filed , replies filed in court till date .
2) he is bound to furnish you copies of various documents filed in court till date .
3) if he refuses to do so you can obtain copies from the court . contact any clerk in small causes court .
4) not advisable to change lawyer unless he is in hands in glove with landlord lawyer
5) if you lose case you can always go in appeal .
6) you can always obtain a second opinion from another lawyer regarding merits of your case
R.K Nanda
(Expert) 16 June 2014
agree with sethi.
Rajendra K Goyal
(Expert) 16 June 2014
Take second opinion from another lawyer, if you feel unsatisfied with your lawyer, you can change him at any stage.
You can ask copies of proceedings from your lawyer, if he avoid can get from court by applying as per procedure.
T. Kalaiselvan, Advocate
(Expert) 19 June 2014
Under the circumstances you cannot continue with the same lawyer since you have a strong suspicion that he is colluding with the land lord. Therefore it is advisable that you change the lawyer immediately before you suffer any severe loss. Consult another local lawyer and proceed as per his advise.
