Hi Experts,
We recently received an order from the Small Court in Tamil Nadu instructing our tenant to vacate our premises on the grounds of wilful default of rent. However, the tenant has approached the High Court and filed a stay petition (CRP) seeking to delay the Small Court's order.
In parallel, the tenant had filed a counter as well in the Small Court.
What is the intention of tenant to file two things in parallel.
And with the High Court's involvement, the tenant will be ordered to pay the full or partial pending arrears that have accumulated over the past few years while the case was pending in the Small Court and rent for coming months? Or, will we will be in same situation of not receiving any rents like before?
Could anyone with experience in such matters provide guidance on how the High Court typically handles arrears in such cases, especially in Tamil Nadu? Additionally, how does the presence of a counterclaim in the Small Court affect the High Court's decision-making process in this regard?
Thank you in advance for your insights and advice.
