Owner and tenant

Querist : Anonymous (Querist) 12 August 2021 This query is : Resolved
we are owner and in 1955 we rented our shop , after long asking we finally in 1970 filled an eviction case against tenant in civil court at taluka place.our strong point was bonafied use and default in rent by tenant .in 1988 court result was in our favour and tenant was asked to evacuate the shop .then tenant apealed in district court in 1995 district couret resulted in our favour, then tenamt apealed in high court and there also result was same in our favour then tenant apealed in supreme court delhi. but case was not admited and 6 month spl leave was granted then after filling contempt finally after 40 long years in 2010 we got posession of our shop .uptil today we owner run businesss there . but in 2018 that old tenant again filled case against us at taluka level court on saying that one of legal heir was not made party in original case and all the decision by court should stand aside and posession should be granted back to tenant.
now my question is 1
1 on what ground we can deni his claim and what is technical answer to this case
2 are there any chances that owner has give back the posession to tenant
3 please suggest us proper answer as we really seek one solid technically correct answer

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Quick Summary

This discussion details a lengthy 40-year legal battle where a shop owner fought to evict a tenant. Despite numerous appeals by the tenant, including up to the Supreme Court, the owner ultimately regained possession in 2010. However, the tenant has now filed a new case, claiming a legal heir was omitted from the original proceedings and seeking to overturn previous decisions. The owner is seeking advice on how to contest this new claim and the likelihood of having to return possession.

Dr J C Vashista (Expert) 13 August 2021
You have stated to have proceeded / contested the case(s) to Apex Court, through an able, competent and intelligent lawyer who is well aware about facts and circumstances of the case, what is his / her opinion / advise ?

Proceed accordingly if you have faith in your lawyer otherwise change him /her immediately.

Why do you need a second opinion / advise / obligation from experts on this platform based on limited facts?

Advocate Bhartesh goyal (Expert) 13 August 2021
Without going through entire case file , opinion can not be expressed.Contact to local lawyer with case file .

P. Venu (Expert) 13 August 2021
What is the nature of the case filed - is it a review?

kavksatyanarayana (Expert) 13 August 2021
Yes. Ask your own counsel. Without verifying all the relevant material, it can not correctly reply to you.

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