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Rahul   20 January 2022

Appeal allowed by district court -- filed by tenant

Required suggestions please.

I was filed case in small cause court to evict tenant with reason of my Bonafide need for my son to start business as he was grown up.
and my evidence was done and tenant and his advocate did not appear to cross examination even after giving two chance by small cause court and court had given judgment to vacate the shop.

and tenant filed the appeal in the district court.
District court has allowed tenant appeal with reason that " In plaint there is casual statement to effect that son of the plaintiff is grown up and to settle his son, plaintiff urgently required suit shop and even the name of his son and nature of business which son of plaintiff intended to start is not disclosed."

kindly suggest what is to be done now to vacate the shop as already 9 years passed and district court has given such judgement . I am very much upset about judicial system.


 8 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 January 2022

India: The Model Tenancy Act, 2021: Addressing The Inadequacies Of Rent Control Laws. ... The Model Act aims to establish a Rent Authority to regulate renting of premises and to protect the interests of landlords and tenants and to provide speedy adjudication mechanisms for resolution of disputes and connected matters

G.L.N. Prasad (Retired employee.)     21 January 2022

Except defending your stand there is no alternate, and the reasons stated in the appeal plaint are not tenable.  Contact the advocate who filed the original eviction suit, and he can properly guide you as a plaint in the first suit was prepared by him and whether the plaint is filed with required material facts in the first suit is material.  Be confident as this is just delaying tactics and the appeal court definitely rules in your favor, as the tenant has not raised the issues in the original suit and bringing those facts not raised through cross-examination and deposition in the origina suit. 

Anaita Vas   21 January 2022

After establishing the grounds for the eviction, the following procedure needs to be followed:

Stage I - Send a Notice to the Tenant to Vacate: An eviction notice needs to be filed in a court under the appropriate jurisdiction mentioning the reason for eviction and the time and date by which the tenant has to vacate the property and is then sent to the tenant to vacate the rental property. You must give a reasonable time to the tenant to vacate the rented property. In the majority of cases, the tenants leave the rented premises after receiving a legal notice from the court.

Stage II - File an Eviction Suit: The tenant may refuse to vacate the rented property after receiving the court’s eviction notice and contest the eviction. In this case, you can hire a rental property lawyer to file an eviction suit against the tenant. The suit for eviction of the tenant is filed in a civil court under whose jurisdiction the rented property is situated.

Stage III - Final Eviction Notice: The court hears both sides and issues a final legal notice for eviction for the tenant based on the arguments and evidence present. The tenant has to vacate the rented property once the court sends the final eviction notice.

Regards,

Anaita Vas
 

P. Venu (Advocate)     21 January 2022

Facts posted suggest a substantial question of law, Hence a Second Appeal could be pursued.  You have also the option to seek eviction based on a fresh cause of action.

Rahul   21 January 2022

sir pls elaborate substantial questions of law in this case

Anaita Vas   22 January 2022

The following method must be performed upon demonstrating the basis for eviction:

Step 1: Issue a Notification to Evict to the Tenant: An eviction notice must be issued in a competent court, stating the basis for eviction as well as the timestamp by which the tenant must leave the premises, and it must then be mailed to the renter. You need to provide the tenant with a fair amount of time to quit the rental unit. After getting a formal notice from the court, the tenants in the majority of cases vacate the leased property.

Step 2: File an Eviction Suit: Upon obtaining the court's eviction order, the tenant may decline to depart the rental unit and initiate an eviction lawsuit. You might employ a rental property attorney to launch an eviction claim against the renter in this situation. The tenant's eviction lawsuit is filed in the civil court that has authority over the rental unit.

Step III - Permanent Eviction Notice: The court hears the parties and, depending on the facts and arguments presented, provides a permanent court summons of eviction for the tenant. Once the court issues the ultimate eviction order, the tenant must leave the rental property.

 

Regards,

Anaita Vas

 

Rahul   24 January 2022

what is time limit to file second appeal in high court

P. Venu (Advocate)     24 January 2022

The judgment in the Appeal relies oon the alleged casual nature of the rquirement shown by the plaintiff. To my knowledge there are many decisions from the High Court that the trial or appeal court need not indulge in such indepth scrutiny. This aspect could be highlighted in the second appeal.

In present pandemic situation the period from 15/03/2020 to 28/02/2022 stands exempted.


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