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.
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.
