rajesh tamil (technical) 27 September 2013
The tenant not paying rent for past 29 months. once he tried to pay rent by money order. land lord sent back the money order. because tenant tried to to pay for one month only. The RCOP filed. there is request by court to pay the rent. The tenant has no proof with for paid rent & utility charges. but the tenant trying to open old injunction case. the earlier injunction is cancelled by court. Can the tenant ask for Set aside for the exparty or for eviction order?
adv.raghavan (Advocate,9444674980) 27 September 2013
i am not able to make out full details from yours, but still on assumption basis, if the tenant had filed bare suit injunction,which was cancelled by the earlier court, and you asking whether he can reopen it? yes, he can file for appeal ,with condone delay petition. In the new RCOP CASE IF u have got expartie order,the tenant can also contest that order, when the court had order him the pay the rent, the landlord should not have refused the rent, he should have collected it and he should have informed the court about this development,by refusing he has committed contempt, which may go against him.
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