Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

photocopy of certificate in suit for possession

(Querist) 28 September 2010 This query is : Resolved 
I have filed a suit for possession against my tenant. Subsequently I moved an application under order 12 rule 6 for order based on admission. The tenant-landlord relationship was accepted, the receipt of notice of termination was also accepted.In haryana if it is a new property, it is not covered under rent control act. I had submitted a copy of occupation certificate to prove this point. However, the judge declined the application for decree, stating that I have submitted only photocopy of occupation certificate and without evidence recording, he can not give the relief under 12(6). I also have the original with me.And there was no objection from defendent on the certificate.

What action should i take to get speedy relief under 12(6)now.
Devajyoti Barman (Expert) 28 September 2010
Since an order disposing that application is already made , then only option left to you is to file Revisional Application before the higher court.
Rajesh kumar (Querist) 29 September 2010
As the basic objective of 12(6) is speedy judgement, can a judge deny this on the ground that the occupation certificate issued by a govt dept is only a photocopy? should not she have called for original for verification?
niranjan (Expert) 29 September 2010
You may file another application complying the requirement.
Advocate. Arunagiri (Expert) 30 September 2010
Once the application is disposed your current remedy to file an appeal. You will be given a to file the original document even in the appellate court.
Kirti Kar Tripathi (Expert) 30 September 2010
I agree with Mr. Arunagiri, you can approach higher court, where you can file original document or can pray for opportunity to file original document and consideration. on your request the higher court may remand the case.
Rajesh kumar (Querist) 30 September 2010
I have a few queries related to this:
a) Can a judge dismiss a photocopy of a title document which has been given under affidavit and there is no objection from defendant on the document , telling that it is a mere piece of photocopy.

b) If i appeal to higher court, then i have to start over again thru all the court processes. Is there a faster way to appoach this?

Thanks in advance
Rajesh kumar (Querist) 30 September 2010
My suit for possession is based on occupation certificate , which proves that it is a new construction and hence out of rent control act. As the judge has allowed the suit to proceed, hence she shd not had problem with the photocopy of occupation certificate submitted.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :