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LaxmiNarayan (Self)     22 September 2020

Execution of eviction suit

The covid 19 pandemic situation court is not functional although district judge providing order upon high court order. 

Here the tenant shifted from the suit property but lock and keyed the suit property  in between the execution trail taken the witness . its around one year passed but the no date is allocated for the same as the court is not fully operational . In this situation what should do here ? Is there any procedure to list the case in this situation . please suggest .



Learning

 3 Replies

Advocate Bhartesh goyal (advocate)     22 September 2020

You have to wait till the court starts regular functioning.

1 Like

avadhesh Paliwal   21 October 2020

PLEASE YOU CAN IMMIDIATELY CONTACT A PRUDENT LAWYER AND FILE A FIR THAT YOUR TENANT HAVE RUN AWAY AND INTENTIONALLY OCCUPIED YOUR PROPERTY.......OR YOU CAN CONTACT TO ME.....I CAN GIVE THE SOLUTION BECAUSE THERE IS MANY IDEA'S .......TIT FOR TAT....WITHOUT BREAKING OF LAW......BECAUSE YOUR TENANT IS VERY SMART.....CONTACT PRUDENT LAWER OR CALL ME ...7976339610

LaxmiNarayan (Self)     01 January 2021

In the title suit for the eviction the civil judge order --

1. experte decree to vacate and hand over the suit property kash possession to landlord with in 60 days from the date of order. dt on 05/06/2014.

Plaintiff into the plaint claim for the mense profit and damages till the recovery of the possession by a separate proceedings as per provision of   order 20 rule 12 cpc.

BUT, the decree is not mention any thing on mense profit . In the connection the case is unchallenged as the defendant not file W/S with in time and the testimony is unchallenged and heard exparte so no mention of mense profit into the decree.

NOW, after the 60 days the decree put on execution and lastly vacate the JD from suit property on oct,2020. 

NOW analysis the matter as --

1. decree is silent about the mense profit /damages.

2.u/s 2(12) cpc --the JD is unlawful continuous possession into the suit property from sep 2014 to oct 2020 nearly SIX yearas.

QUESTION

1.can plaintiff file suit for the mense profit ?

2. If mense profit can not be claimed as decree is silent of mense profit can it be claim damages/occupational charge as the SIX years of unlawful continuous possession into the suit property from JD's part . section 2(12) cpc can it be invoked here?

3. any other suit could be institute to claim damages for AFTER the period of order date from JD .

Sir,Please suggest above matter. Thanking you.

 

 

   


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