Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

amit (engineer)     03 November 2009

Tenant/LL case how much time will take?

dear members,I just recently filed a case against our tenant who is not vacating our house. In my case i had given following reasons to vacate the house:- 1. I and my wife needed house for personal use 2. i had attched duly signed/stamped reconstruction map of house and given reason thta i want to reconstruct house from ground floor upto two floors ,prently its only single floor. now my qestion is:-

1. How much time frame it will take if to get \a judgement if my tenant lawer attends all dates.

2. the said house is in my name, and presntly my wife is living with my mother in our family house which is on my mothers name and its above two floors are also rented to different tenants and myself is working abroad.. Does this makes my petion of personal use weak?

3. In the second hearing date in which court asked to deposit pending rents as we filed in our petition as @5000 which we were taking from it before filing case, but he showed three years old agreement of @3500 rent and paid dues as per Rs. 3500 only plus interest and fine. When i objected then my lawer said we have to accept at present whatever he is depositing under despute for the time being. so i signed the paper underdispute accepted. Now plz tell is this procedure to go in such cases??? will now tenant be benifted of Rs. 1500 per month till the end of case? he is staying in this house since 2006 and we had last aggrent of 4500 after that we didnt done agreement but taking 5000 rent and kept on saying him to vacate the house..

3. Will in any case judge can give judgement to vacate the house to tenant and give us condition that compulsory we cannot give at least one floor to rent as to show personal use??

plz give your valuble answers thanks

 



Learning

 27 Replies

amit (engineer)     03 November 2009

plz note that i am talking about punjab and haryana courts for the expected time frame of getting judgement

K. Rajendra Prakash (Advocate)     11 November 2009

How can you expect us to say the expected time?

amit (engineer)     12 November 2009

Dear Mr. Rajendra Prakash

i am just trying to know the general time it  takes as you all are experienced one and you have seen dso many cases in your professional life.

plz if you can review my case and tell me chances of my case in my favor

santosh (Advocate)     01 December 2009

Mr. Amit it is impossible to predict time span as it will depend upon pendancy of litigations in courts and response of other party in your case. However you can mke sincere efforts for taking matter for early hearings under due procedure.  We don't know whether there exist Rent Control Act or not ( pertaining to your state ).  Your  case's fate will depend upon evidence and relevant  Rent control Act of your state.

amit (engineer)     28 March 2011

dear all members,

Today the lower court had given judgement in our favour for vacating the house to the tenant in two months times. Now our lawyer suggesting us to put some notice to him before he goes for stay order to which he is terming as "kevit or gaveit" .

My query is:-

1. How can we stop him taking stay oder on the judgement from session court?

2. Or how can we avoid the unnecssary time he will buy on pretext of applying stay order .?

3.Can he go for session court and will session court accepts his case even though supmreme court orders are "landlord can vacate his house on bonafide necessity"

3. can session court ignore the lower court judgement and will accept his case from new?

 

please guide

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     29 March 2011

Pl do not be in a hurry such matters go upto SC.

1 Like

amit (engineer)     29 March 2011

Respected Sir,

SC is the extreme , if my tenant is thinking uptill that for that i cant do anything and have to be patient. But at present he have to go for session court first then only high court/supreme court.

MY BIGGEST QUESTION IS "A DECSION GIVEN BY LOWER COURT CAN BE IGNORED AND HIS CASE CAN BE ACCEPTED BY SESSION COURT EVEN THOUGH supmreme court orders are Landlord can vacate his house on bonafide necessity"

assuming that he will be trying to buy time in every process he opts to, for avoiding that i am seeking your advice for the following:-

1. How can we stop him taking stay oder FOR INCREASE IN TIME OF TWO MONTHS GIVEN TO HIM BY LOWER COURT  on the judgement ?

2. Or how can we avoid the unnecssary time he will buy on pretext of applying stay order .?

3.Can he go for session court and will session court accepts his case even though supmreme court orders are "landlord can vacate his house on bonafide necessity"

3. can session court ignore the lower court judgement and will accept his case from new?

 

please guide


 

ajay (owner)     03 May 2011

Dear all,

             Please reply for amit question, because my case is same as amit's . Onlydifference is lower court judgement date is 06/04/2011.

ajay (owner)     15 May 2011

Dear All,

                     After applying stay application against lower court eviction order, tenant lawyer took three dates in session court without any argument. I want to know what his lawyer trying to prove. After lower court eviction order, tenant did not pay any rent.

Dear Amit,

                 Please tell, what is progress in your court case after lower court eviction order.

Regards,

Ajay.

amit (engineer)     24 May 2011

Dear Ajay,

As expected he went to session court without paying rent in question,and we were ready for it as suggested by our advocate so that our tenant cant buy any time on it and imedeatly we got date on 19th may 2011. On that date session court ordered him to pay rent in full before asking for stay order as in session court rent cant be payed under protest which we were doing since lower court as he was not paying the agreed amount.. then he immedeatly payed the ren and now gota date in august for discussions. dear Mr Ajay how was/is your case going on? and what your advocates are saying about your chances and whether these types of cases to high/supreme court?

amit (engineer)     24 May 2011

dear mr. prakash,

 

please clarify me whetehr HIGH Court/Supreme court take tenant eviction case even if bonafide use of landlord is accepted in lower/session courts?  WILL DECSION GIVEN BY LOWER COURT CAN BE IGNORED AND HIS CASE CAN BE ACCEPTED BY SESSION COURT/HIGH COURT EVEN THOUGH supmreme court orders are Landlord can vacate his house on bonafide necessity" AS LOWER COURT HAD GIVEN JUDGEMENT IN OUR FAVOR.

ajay (owner)     26 May 2011

Dear Amit,

                               In our case tenant's advocate has taken three dates( 21-4-11 ,7-5-11 ,14-5-11). For this Judge warn him. Tenant is not depositing rent. Next  date is 28-05-11 . Arrears are app. 4.6 Lacs. We are hoping for the best.

Regards,

Ajay

amit (engineer)     26 April 2012

Dear All,

Our tenanat got last warning for not taking arguments after so many dates, and said to tenanat that your stay is broken and now given him 30th April last date for  argument or else eviction orders will be given on that day as said by the judge.

My Qery is :-

1. Do High Court take up these type of cases which are lost in two lower courts or High Court takes up all the cases which are appealled in High Court whatsoever may be the case?

2. What is approx amount tenant has to spend for appealing in High Court(Punjab And Haryana ) including Lawers Fees

amit (engineer)     26 April 2012

 

Respected Sir,

 I am fight a case of House eviction since 2009 on grounds of bonafide use with my tenant, he lost the case in Lowercourt/then we put stay appeal in Session Court where Our tenanat got last warning for not taking arguments after so many dates, and said to tenanat that your stay is broken and now given him 30th April last date for  argument or else eviction orders will be given on that day as said by the judge.

My Query is :-

1. Do High Court take up these type of cases which are lost in two lower courts or High Court takes up all the cases which are appealled in High Court whatsoever may be the case?

2. What is approx amount tenant has to spend for appealing in High Court(Punjab And Haryana ) including Lawers Fees


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query