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Jobs (PM)     22 August 2012

Eviction clarification

1.I filed RCOP-Eviction case against my tenant with following grounds in Dec 2011.

a. Willful default.

b. Bona fide Reason.

Since our rental arrears is almost 2 lacks, we filed MP under section 11 asking for arrears if he fails to pay arrears  prayed for Eviction.

On MP petition we got conditional order saying pay arrears 2 lacs or you will be liable for eviction.

After which we filed Caveat.

My tenant got two extension and went for an appeal filed RCA and it has been numbered.

Also he requested Stay on my RCOP proceedings and posted for order in first hearing.

 

My clarifications are,

1.       Whether appeal court  judge will give stay on my RCOP petition?

2.       Whether appeal court  judge will ask him to pay the rent before the appeal?

3.       If RCA is numbered whether it means appeal is accepted?

 

It almost eight months are over not getting either rent from my tenant not getting an eviction order.

     Worried too much please do reply it will help me a lot.



 



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 1 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     22 August 2012

 On 2.3.2006, while deciding the Civil Revision Petition, Madras High Court has gone into the order passed by the Rent Controller as well as the Rent Control Appellate Authority and had come to the conclusion that there was no bona fide denial of title and therefore, based upon the wilful default in payment of rent for 45 months, the civil revision petition was dismissed, confirming the order of the Rent Control Appellate Authority in passing an order of eviction.


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