Set aside of exparte evidence
kamal
(Querist) 09 March 2012
This query is : Resolved
suit filed 1yr. back for non payment of rent and subletting.tenant as well assub lettee were made defendents. sublette filed suit ag.me to stay claiming they are independent tenants.on my pleadings their application for stay was dismissed and they left of their own and handed over possession to me.tenant did not file w/s despite repeated adjournments.court struck his defence and case posted for exparte evidence of plaintiff. on the day of exparte evidence of plaintiff defendent moved an application for setting aside exparte evidence of plaintiff.my advocate conceded to his request subject to costs. pl tell me he has done this thing correct.court posted the case to assessment of rent and arguements. pl. tell by setting aside exparte evidence defendent has got right to file w/s now.pl. also guide from which date ishould ask for arrears of rent 1from date of default to date till today or from date of default to date sublettee vacated the portion. after their vacation possession is with me. how default in payment of rentby tenant will be established. he was paying rent by crossed cheques only.in fact tenant is adopting delaying tactics and arears are mountingup.pl guide idonot have much knowledge about law.
Arvind Singh Chauhan
(Expert) 09 March 2012
Yes court may set aside exparte order and may permit to file W.S.
Regarding claiming the arrears you should be honest.
Raj Kumar Makkad
(Expert) 09 March 2012
You are pasting same query almost everyday since a long time. Do you have only this single work?
