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Grantof stay against eviction order

(Querist) 04 February 2012 This query is : Resolved 
I HAVE FILED SUIT AG. TENANT FOR VACATION ON GROUNDOF NON PAYMENTOF RENT AND EXPECT EARLY DISPOSAL OFCASE AND COURT SHALL BE ISSUING EVICTION ORDER SHORTLY PL. GUIDE CAN TENANT GO TO UPPER COURT GOR GETTING STAY AG. EVICTION ORDER
Devajyoti Barman (Expert) 04 February 2012
Yes filing Appeal or Revision of an order is a legal right which can not be waived even by contract.
pawan kumar (Querist) 04 February 2012
TENANT CAN GO TO HIGHER COURT FOR STAY AFTER PAYING ARREARS OF RENT OR WITHOUT PAYING RENT PL CLARIFY
adv. rajeev ( rajoo ) (Expert) 04 February 2012
Yes he can file an appeal against that judgement.
adv. rajeev ( rajoo ) (Expert) 04 February 2012
He can file an appeal by paying the arrears of rent or without paying arrears. You file a caveat after the judgement in your favour.
Raj Kumar Makkad (Expert) 04 February 2012
Law is nothing but a common sense. If you have a right to appeal/revision, the same is also avaialable with the tenant.
Sailesh Kumar Shah (Expert) 04 February 2012
It would be better file caveat after judgement. and also we can't predict that he go to higher court or not and after paying rent or not.
Nadeem Qureshi (Expert) 04 February 2012
yes he can, file a caveat petition before upper court asap
ajay sethi (Expert) 04 February 2012
yes he can file appeal against order of eviction
Kirti Kar Tripathi (Expert) 04 February 2012
yes, he can file. it is his right to approach higher court, if he aggrieved.
prabhakar singh (Expert) 05 February 2012
Tenant does have right to seek stay against eviction decree passed and it is up to court on what terms it passes the stay order.


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