Tribhuwan Pratap Gupta (Advocate) 20 January 2012

Eviction of tenant from commercial pooperty

I have given my house for commercial purpose in Oct 1989 fpr 15 years on lease lease deed had been pproperly registered .Tenant was irregularin paying rent some cheques have been bounced but in the year 1994 when Neagotional instrument Sec138 was not applicable and I could not file case underr above proision I have filed a suit for revcovery of rentand vacation of premises in trial court and trail court awared decree in my favour on the various grouds sucs as arrears of rent damaging the building bonafide requrement for my on use and for my son . Tenant prefered appeal in High Court and got stay order High court at one point of time acknowleing tah we are senior citigen allowed sppedy trail in order sheet but another bench did"nt honour it .Ultimately final hearingtook place but judge did'nt prounced judgement for more than 3 months and after that remanded again to trail court by framing two additional issues and allowed another 6 months seems to help tenant due to has political backing of ruling party..Rgistered agreement had expired in year 2004.I am living in chhattisgrah and case is filed in this state

Please advice me

T.P.C. Gupta

Advocate

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4 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 20 January 2012

SUCH CASES ARE BOTTOMLESS PIT.

Tribhuwan Pratap Gupta (Advocate) 20 January 2012

In addition to above during the pendency of ligition I have retaired from Govt. owned Public sector company and file an additional application to this effect.I have two quqries 1) weather I can approach Supreme court filing SPECIAL LEAVE PETITION ? or complian some where ? or Weather registered Lease deed for which necessary stamp duty had been paid ,court should have taken cognienance of it,court is treating it like a waste paper how to come over it ?

Aashish George (lawyer) 24 January 2012

i am not very experienced in this matter but from what i know is that...at that time you could have complained about the cheque bouncing to the police and it would have been taken up under sec 420 ipc.

1) you can approach sc if the high court is not being helpfull

Bobby Mani T (Lawyer) 17 April 2012

You can approch Supre Court against the remand order of the High Court. BUT it is not likely that you can get a favourable order from there. Remand orders are usually looked with leniency and at the most you get an order to expediate the trial and the time you loose at the SC and the money you spend there will be an additional burdem so it is better you conduct the trial at the trial court at the earliest with regard to the additional points. If you are so sure about the out come and there is flagrent violation of natural justice in the order of the HIgh Court then youmay go to SC