H.c. order
Kaushik Nandy
(Querist) 28 April 2014
This query is : Resolved
One of my property was rented out to Tenant and because if my own reasonable requirement I fought with the tenant in the court of law( initially at presidency small causes court ,kolkata and then City Civil court and Calcutta High court since 1991, In 2000 won the ejection suit at S.C.C court but tenant moved to City civil court and then set aside the decision of S.C.C court in 2005 , subsequently moved to H.C of Calcutta and won the case in 2007 since then Tenant is playing it through legal janglers and lingering the dates / either not appearing in the court or showing medical certificate and seeking vacation for 6 months or / during belif service case in being handled by his relatives and thus execution file is on since 2007. At this juncture , Can i file one petition in H.C. asking monthly rent since 2007 at the rate of prevailing market rate on sq ft basis till the time execution decree comes for police help. Pl note that Initial Ejection suit started in 1991 as per premises Tenancy Act 1956.
Devajyoti Barman
(Expert) 28 April 2014
The current case status is not clear to me.
It is the standard technique of monthly tenants in WB to protract the litigation.
However of the order is in your favour then appropriate direction can be obtained from High Court, Calcutta for expeditious disposal of the case preferably in a time bound manner.
Kaushik Nandy
(Querist) 02 May 2014
Ejection suit won by me in 2007, now in execution petition for police help, tenant is dozing the attendance by producing medical certificate, by saying that his lawyer has misguided him and hence wants to change lawyer and in that way seeking restoration petition although H.C has given warning for three times, to him that in case of further absence or other reasons for delay final ex party decree will be given. SO what is the way out.
