Rent act - execution of tenanted premises
Viral
(Querist) 21 August 2011
This query is : Resolved
Hi, We as landlords have won in SC against tenant on arrears of rent. ( gujarat state). on execution tenants brother filed objection stating that my brother & landlord have collusion & try to take away the possesion from me. he has not filed any documents in the ex court, appelate court also both these courts have dismissed his appeal. in HC Obst has filed CRA against the Appellate court order.both the courts below observed that he has no locus standi also no jurisdiction to file objection u o21 r97 as it is the decree holder exclusive priviledge. This obst had also filed a suit by impleading nagarpalika, collector,state govt which the court dismissed the suit. even appeal dismissed. pls. advice what could HC take a stand in the Civil Revision Application.
Regards, Viral
DEFENSE ADVOCATE.-firmaction@g
(Expert) 21 August 2011
In rent cases this is normal and matter goes on and on since there are advocates on both sides.
Advocate. Arunagiri
(Expert) 21 August 2011
It may be true that he had not filed any document, what is his statement?
Viral
(Querist) 21 August 2011
He says he has independent right & title from 2007 till today has not produced any documents to prove that he is in possession.he went to HC after the district court dismissed his claim. HC had directed him to file affidavit & documents which he has not done.after we winning in both the courts below in several cases, appeal etc what could be the HC's stand will HC allow the appeal or dismissed the same. we have argued the matter in lenght.
prabhakar singh
(Expert) 21 August 2011
he is abusing the process of court,finally he will lose,his object is to delay the execution.
JT Rajasuriya, Chennai
(Expert) 26 August 2011
Certainly HC will not entertain a petition which challenges a matter already decided by the SC. He will only have to approach the SC and that too only if his claims are too real.
