Kumar Singh (akkshay006@gmail.com) 10 November 2011

Eviction from rented premises

Facts of the Case -

I was using rented premises for running my business.
Due to bad business conditions i could not pay rent for 2 years
Land Lord Files a case against me for non payment of rent
I hire a lawyer to represent me in the court.
The casr goes on for a year
Lawyer stops representing me in the court out of sheer ignorance
When i ask him about the case, he says nothin to worry - it is still in the early stages
Suddenly the landlord comes with an eviction warrant given by the court.
No notice was served on me about the eviction and was taken by surprise
The landlord and his goondas throw my furniture out and forcefully evict me on the strenght og eviction warrant from the court
I am humiliated in full public view and my reputation has been tarnished
My lawyer says - his junior was handling the case and the junior did not inform him about the developments of the case

I want to ask 3 Fundamental Questions -

Can the court evict me without giving me a notice of the same - even if my lawyer stopped appearing before it in the proceedings
Can i file an appeal in the court saying the lawyer did not represent me properly
Can if File suit for damages and defamation against the landlord - (had i been informed by the court that it was issuing eviction against me - I would have vacated peacefully or done a setllement with land lord)

I have aggreived by my lawyers action and courts action -

Lwayer should have informed me about the true developments of the case and not misguided me
Court should have atleast served a notice on me for evoction.
I would have taken the appropriate strps to settle the issue and save my self from such public humilation and mental agony.

Please advise with your valuable comments and feedback.

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4 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 10 November 2011

firstly you are to blame since did not do proper follow up of the case.

It is not necessary for the court to give you notice since your advocate was there on record.

Now it it difficult stage still try your luck by getting copies of the court order and file revision and in revision you can take the plea that you were unaware since your advocate did not inform you. Party can not suffer due to mistake of advocate however it will be lengthy and costly since will take time and efforts.

1 Like

Kumar Singh (akkshay006@gmail.com) 10 November 2011

Surely the Law cant be so weak and harsh... Therse should be a provision in law which protects either parties from wrongful representation by the lawyer.. I mean what if my lawyer teams up with the opposite party and lets me down.. Surely the law makers would have envisaged such a situation and amde some law for dealing with such situations

(Guest)

i understand this as a financial problem... everything gone for a toss... whatever... eviction order is passed... lawyers are your representatives... you are a tenant... you have not paid 2 years rent... you made yourself weak in the case... moreover, you have not bothered to know whats happening in your case... did you attend the case when the dates were being announced or just left it at the mercy of your lawyer?... the judge has seen you as somebody else in your absence...

pick up the order copy and go for an appeal... put facts forward including your lawyer transactions but i feel it saps your energy in the long run...

pick up and keep walking... gone bygones..

1 Like

Kumar Singh (akkshay006@gmail.com) 12 November 2011

It's not that i was not bothered about the case... i have been in touch with my lwayer.. he told me - he is handling the case and there is no need to worry... he actually mislead me... every 20 days i used to ask him about the case and he used to give me the same reply.. so how am i at fault.. after all i would trust my lawyer... but unfortunately he betayed me... wat is my remedy in such a situation..??