cyberlawyer (barrister) 23 February 2012

Is rcop proceeding subject to res subjudice (sec 10)

Hello hon'ble members

I have a question with regard to a eviction proceeding.

eviction on the ground of wilful default filed

11(4) petition also filed and petition allowed due to non complaince and set exparte

set aside application filed by tenant and dismissed for default

consequentially pursuant to the 11(4) petition order, RCOP eviction allowed.

Now the tenant files RCA against RCOP and stay petition is got to be decided and posted for orders

Subsequently the tenant files RCA against the the 11(4) order, set aside application and also against the main RCOP asking for stay and condone delay... This petition is coming for hearing next time.

So there are two appeals and stay petitions against the RCOP. One appeal got numbered in which stay petition is pending. The other appeals are unnumbered against RCOP, 11(4) order, set aside application in which condone delay petition is pending. but the affidavit includes prayer for stay also

Can Sec.10 of the CPC (which restricts taking an application when already an application of the same nature is pending before the court) be invoked in rent control proceedings ?

Thanx in advance

Reply Follow

8 Replies

sridhar pasumarthy (ADVOCATE) 23 February 2012

Yes, Sec 10 of c.p.c. applies even in Rent Control Proceedings also.

adv. rajeev ( rajoo ) (practicing advocate) 24 February 2012

yes sec 10 is applicable.

Advocate Bhartesh goyal (advocate) 24 February 2012

Sec 10 0f C.P.C applies in rent control act cases.

rajesh tamil (technical) 24 February 2012

A tenant who's a Advocate in profeesion is not paying rent & also not vacating. Isit possible to file a case in police station notifying that he's trying to acquire my property by filing false petitions.

There is no tenancy contract.

rajesh tamil (technical) 24 February 2012

There is no tenancy contract. Tamilnadu state.

cyberlawyer (barrister) 25 February 2012

Thank you very much. I agree that the 2nd RCA against RCOP is not maintainable. But what about the appeals against the interim orders passed in 11(4) petition and the set aside petitiion ?

In simple terms

he has preferred

(1) RCA and MP (stay) against RCOP

subsequently

(2) (a) un numbered RCA and MP (condone delay) against RCOP

(b) un numbered RCA and MP(condone delay) against MP (11(4) petition ) in RCOP

(c) un numbered RCA and MP ( condone delay) against MP (exparte order) in RCOP

IMO either he has to prefer either (1) or (2)(c)

please confirm

thanx in advance