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Gopal   21 August 2017

Advocates, please help

I rented an apartment 18 years ago & have been continuously living in it. There was no written contract & landlord insisted rent by cash only which I did. I have paid all electricity + phone + Nagar Palika Tax + Maintenance bills most by check & some by cash but I have all original receipts.

4 years ago he tried to evict me by sending thugs so my lawyer filed a suit & injunction order against both him & his wife. ( I did not go to police because of threats & I am too old ).( I don’t know why he involved his wife ? )

Landlord denies taking money & says he paid electricity bills & that I am not a tenant and asking for Rs.1,00,000.00 ( One Lac ) according to C.P.C.-35(A). I don't know what that means. 

He also said the suit was filed in wrong form and misjoinder of parties so it should be dismissed.

Now I have a deposition after 3 weeks but my lawyer will not answer any questions or give case files so I am scared. Lawyer has taken 70% of fees & being in small town it would be impossible to find an honest lawyer.

 I would be grateful if lawyers on this forum could give the worst case scenario if I lose the case.

1. If I lose does it mean I have to automatically vacate ?

2. If I lose can I file an appeal ?

3. If I lose, doesn’t he have to then go thru legal process to vacate me ?

Thank you for reading my post & a humble request for help.

Gopal



Learning

 8 Replies

moxit (advocate)     21 August 2017

No it does not mean that you have to automatically vacate the placr.. Yes you can file appeal Even if you lose, he will have to go through legal process to evacuate you.. Dont loose the hope.. Give your best effort in evidence.. Your evidence will help you to win or lose the case
1 Like

Siddharth Srivastava (Advocate)     21 August 2017

It is better that you engage a new lawyer if you are not satisfied with present lawyer and ask him to manage a date. Get prepared and then depose. If you loose in trial court you will have the right of appeal. So far merit of case is concerned the same could only be replied after examing the court file. The landlord has to reply as why he permitted you to stay in the house if you were not tenant and when landlord was not getting any benefit on you being stayed in the house. so go strategically. If required consult with details. Sidharth 9811776422

1 Like

Gopal   23 August 2017

Respected Advocates Sidharth & Moxit & others reading this post.

I cannot describe in words how grateful I am for your guidance. I do understand that you need court files & I myself would like to see them but due to uncooperativeness of my own lawyer I need guidance from you as to which court documents you need & how to get them as well as following technical questions that does not require court documents.

1. My lawyers will not change deposition date. What should I do ?

2. My lawyer did not write in suit that thugs came personally several times but he wrote that I just got threatening phone calls. In deposition if I tell this fact then what happens ? It will make my attorney mad & more against me. Would I be required to file a separate criminal case if I tell this fact ? I am too old with limited resources.

3. Which court documents should I get & how long does it take ?

4. My lawyer wants originals of documents submitted for suit like electric + phone + tax bills before deposition. Am I required by law to give him or can I tell him that I can bring them with me when he needs that. I am afraid it might fall into wrong hands or get lost knowing my lawyer.

5. Can any changes be made in original suit before deposition so that I can add or correct some facts that my lawyer refused to do when filing the suit ?

Again I will be grateful for your kind help.

Gopal

Siddharth Srivastava (Advocate)     23 August 2017

All court papers along with all court orders and all documents filed by the parties to the case. You can personally make request for adjounment of the case. You can also file photocopies of documents and at the time of your evidence the court may compare the origional papers with filed photocopies and thereafter can return the origional after marking the document as "Origional Seen and Returned". So you shall not be required to file origional in court. Contact another person who shall manage the copies of documents. Rest being related to merit of the case could only be advised after going through the case papers. Sidharth 9811776422

1 Like

Gopal   24 August 2017

Once again Sidharth THANK YOU for your guidance.

I did go to the court yesterday to get certified copies but undortunately I my lawyer & his clerk were there close to records office. It is a small town so I was afraid of this.

When I asked clerk he asked me to ask lawyer's clerk to do that. Since my lawyer had already taken Rs.400.00 from me to get 3 certified copies, my lawyer's clerk approached me & told me that it takes 10 days or more to get copies so sit tight. Not knowing the law & my rights may I ask you following questions ?

1. Doesn't my lawyer have all those documents to begin with in my case file & all it takes is to make photocopies & give them to me ?

2. Isn't he by law supposed to give me copies of all correspondece relating to case ?

3. As far as my evidence documents, I have given him the photocopies of all ( Light bill, phone bill, tax bill etc. ) at the time of filing. Now he wants the originals before the deposition. Does law require it now ? What should I do ?

4. How do I personally make a request for adjournment ? Who do I approach & do I have to give a reason ? Can you please elaborate ?

Looking forward for your kind help.

Gopal

Siddharth Srivastava (Advocate)     24 August 2017

In fact you are misusing this platform for your personaL gain. You are being fully advised. This platform is not meant to advise you for your persoanl day today problems. If you are not satisfied with your advocate then change him and engage somebody else. You can take advise of any good lawyer of your locality. I can merely advise but if the same take time then what advise you expect? If you require any further detailed advise then you can consult me.            

1 Like

Gopal   27 August 2017

Hi Sidharth,

I purposely did not mean what you perceived & I am sorry  if it came across that way.

People under extreme stress sometimes reach out for any help they can get but from flipside of coin it helps thousands of people with similar circumstances & advocates like you & forum like this do get blessings from them.

I sincerly pray that God will bless you million times for your contribution to this forum.

Regards

Gopal

Siddharth Srivastava (Advocate)     27 August 2017

Dear Mr. Gopal, thanks for your sweet words . It is great that I could help you. You can consult me whenever you wish. Sidharth 9811776422

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