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nitingupta   05 June 2019

Stay against small cause court decree.

Dear Members,

One person who claims himself to be the landlord of premises filed SCC Suit before District Judge and got an exparte decree in his favour by practising fraud for which I have moved an application U/s 156(3) before Judicial Magistrate Ist Class, Najibabad.

We, the tenant, filed O9R13 and the same got rejected before ADJ, Bijnor and HIgh Court Allahabad also.

Suddenly some other persons claims themselves to be the actual owner/title holder of immovable property/ premises in question and they sent a notice of recovering rental arrears and eviction to us

In such a situation we have moved an application U/s 30(2) of U.P. Urban Building (Regulation of Letting Eviction Act) of 1971 in accordance with which the rent is being deposited before the Civil Court (JD) Najibabad of District Bijnor, and Civil Court (JD) Najibabad of District Bijnor issued a notice to such defendants to produce their title of owner and take the rent. but no one appear till date.


My question is that in such case where the title is defective and rental arrears are being deposite with Civil Court (JD) Najibabad then which court will stay the execution proceedings of execution case filed in small cause court bijnor,.

Should I approach high court allahabad under writ jurisdiction ?

Should I approach executing court ADJ-6 Bijnor, if yes, under which law ?

Should I approach title determination court i.e. Civil Court Najibabad, if yes, under which law ?

Thanx in advance.

Best regards.






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