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Rahul   21 January 2022

appeal allowed of tenant by district court

I had 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.


 2 Replies

Shubham Bhardwaj (Advocate)     21 January 2022

Dear Mr Rahul, 

The judgment of the District Court seems to be  a reasonable one. In civil cases, it is the plaintiff who has to prove his case and lead evidence in support of averments in the suit. Although the standard of evidence is not as strict as in criminal case however it is such that a person with normal IQ would term it as reasonable. 

Now since you have lost in Appeal Proceedings, you have an option to file Second Appeal to the High Court. Thus, consult a good local lawyer to draft second Appeal against the order of District Court. There is a chance that High Court may reverse the Appellate Order and confirms the trial order. Generally, High Courts gives good weight to trial court judgment because the evidence has been laid before the trial court. So you may have a chance. 

 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is only for guidance. 

Aryan Raj   21 January 2022

In response to your query,

Since you have lost the first case you can follow a legal eviction process under the rental control act passed in 1948. Follow these three steps to make a perfectly legal eviction of the tenant-

Send a Notice to the Tenant to Vacate: An eviction notice must be filed in a court of competent jurisdiction, stating the basis for eviction as well as the time and date by which the tenant must depart the property, and it must then be mailed to the renter. The landlord must allow the renter a reasonable amount of time to quit the rented property. After getting a legal notice from the court, the tenants in the majority of cases vacate the rented premises.

File an Eviction Suit: After obtaining the court's eviction notice, the tenant has the option of refusing to depart the rented property and contest the eviction. In this instance, the landlord can retain the services of a rental property attorney to file an eviction lawsuit against the renter. The tenant's eviction lawsuit is filed in the civil court that has jurisdiction over the rented property.

Final Eviction Notice: The court hears both parties and, based on the arguments and facts presented, issues a final legal notice of eviction for the tenant. Once the court issues the final eviction notice, the tenant must remove the rental property.

This is how a renter in India is evicted; nevertheless, evicting a tenant without a rental agreement is challenging because there is no proof of property being rented to the tenant.

Regards,

Aryan Raj


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