Anish Jain
28 August 2008 at 13:37
my brother had a shop on rent for selling of medicine. his landlord win a suit under section 13 of Haryana rent control act. court ordered that eject the shop with in two months or pay the rent outstanding.
within one month of order my brother got admission in engineering & we left the shop open after removing all our article. Now he is a student of engineering since last three years and it is his last year.
now the land lord after three years filed execution of that order and claimed possession of the shop and outstanding rent and charges.
Mistake on our part is that we did not hand over the possession to the landlord but laid it empty. later on landlord gave this shop to other tenant with in one month of decree. but we dont have any proof that the shop is in his possession since last three year after decree within one month.
what we can show is that my brother is regularly going to college to attend classes of engineering since last three years. As per drug inspector record the shop is closed since last three years. so what we will get by keeping the shop with us. and why a person will stay silence about the shop of which no rent is being received and the court has made the order in his favour.
AT the time of decree we had alreay purchased a shope in his to shift his shop in case he done not get admission in engineering but luckiliy he got admission and that our own shop is lying vacant since last three year. can it be a valid defence.
he has filed a false execution. can we take any civil or criminal action againt us for filing false execution since the shop is in his possession from last three years.
Pleas advice.
execution of decree
my brother had a shop on rent for selling of medicine. his landlord win a suit under section 13 of Haryana rent control act. court ordered that eject the shop with in two months or pay the rent outstanding.
within one month of order my brother got admission in engineering & we left the shop open after removing all our article. Now he is a student of engineering since last three years and it is his last year.
now the land lord after three years filed execution of that order and claimed possession of the shop and outstanding rent and charges.
Mistake on our part is that we did not hand over the possession to the landlord but laid it empty. later on landlord gave this shop to other tenant with in one month of decree. but we dont have any proof that the shop is in his possession since last three year after decree within one month.
what we can show is that my brother is regularly going to college to attend classes of engineering since last three years. As per drug inspector record the shop is closed since last three years. so what we will get by keeping the shop with us. and why a person will stay silence about the shop of which no rent is being received and the court has made the order in his favour.
AT the time of decree we had alreay purchased a shope in his to shift his shop in case he done not get admission in engineering but luckiliy he got admission and that our own shop is lying vacant since last three year. can it be a valid defence.
he has filed a false execution. can we take any civil or criminal action againt us for filing false execution since the shop is in his possession from last three years.
Pleas advice.