Tenant/LL case how much time will take?

firstly i want to tell , my house got evicted from tenant..... I want to teel you when tenant appeal in high court , judge gave him time of one month for depositing arrears  of 5 lacs. He   was not able to deposit the arrears ,so high court dismissed his appeal. finally we file execution in lower court

                                        I want to tell you that  high court is not interested  in this type of cases to linger on so ,don't  worry now it will not consume more time ,hardly 1-2 months.

Regards
ajay

Respected Ajay Ji,

 

Thank you very much for your reply. I hope for the best...But our tenant have very less arrear on him  may be  arround 30000 only lets see what happens. I wonder if yourtenant would have paid all dues whether High Court would have accepted his appeal for hearing or not. hoping for the best. Thanks

I want to understand how much burden will be on tenant for going further in Hgh Court. If session court says evict house in one month, then how tenant can buy more time?? after two judgements in lower and session court can High court accept his case?

 

Sir,

Our tenant moved to High Court in April itself, and now High Court has dismissed his petition and given him 8 month time to vacate the house(on the basis of bonafide necessity of landlord. High Court directed him to give undertaking in written to the lower court that he will vacate on before 8 month time. The last para goes like this in judgement -: " In case of non-compliance of the order passed by this court, the petitioner shall also be liable of contempt proceedings for contempt of this court in addition to the execution of the eviction order"

My Questions:-

1. Can he appeal in Supreme court? if yes how much time he have to appeal?

2. If he gave undertaking that he will vacate after eight months, then does it means we still have to file for execution process in the lower court(which may take six more months) or he has to directly vacate the house.

3. Does this judgement means he cant appeal further and No execution required.

4. What if he dont give undertaking?

Dear Mr Amit,

As per my knowledge and experience you have almost achived the objective.

He can appeal in SC, But I dont think tenant may get any relief. (Unless if there is any strong convincing law point or any Hardship tenant may face).

Not giving undertaking by tenant will be contempt of court, Which will be troublesome for tenant, Since u can file case against tenant for contempt of court (and its HC Judgment has much weightage)

After 8 months u have to file execution for get it vacated through courts belief.

Congrats !!

Have all the best

 

 

 

Thanks for your wishes and detailed reply. So filing execution means more six months relief he can get depending on his resistance( as discerned by advocates) or if he give undertaking he has to vacate on the given date without any further delays ?

Thanks for your wishes and detailed reply. So filing execution means more six months( after june 2014) relief he can get depending on his resistance( as discribed by advocates) or if he give undertaking he has to vacate on the given date without any further delays ?

dear amit,

i am also facing a problem like you but i am thinking to file a case against my tenant , can you tell me that how much money have spent from beginning to till ..... 

such as :--    lawyer fee, { per argument }  court fee, 

please help me i am in big trouble..

 

Thanku

Dear Abdul,

 

The expenditure depends on the work culture in your state/session courts. Court fees are very nominal & you can find many different range of Advocates from very affordable to high range. It depends how you make a deal with them. Full case or as per hearings etc. The lower court (only) may incur you expenditure from 20,000 INR to 30,000 INR(depending on many other factors)

dear amit,

i wanted to ask you that i have no written agreement with my tenant .and now i want to vacate my house from tenant but he is not vacating my house. so can you tell me that without any agreement will court take my case..

Note:-  please ask your lawyer then tell me please please please...............................

 

Thanks a lot............................

Dear Abdul,

Well agreement matters or not can be asked directly in this forum also as lots of advocates are members in this forum. If you have any proof of rent recieved and on whoose name the property is can also factor in your case. By the we were having agreement even though that hardly played any role in our case. better consult advocates in this forum only.

In fact there is no specific remedy that i can adive you. Because In India all the tenatns are playing the same tactic of prolonging the case so that the building owenr will not a remedy in his life time that is what this link shows.   https://rentedbuilding.wordpress.com/2013/07/17/what-is-the-use-of-judicial-system-if-the-justice-is-not-done-in-a-life-of-a-person/

 

 

Bobby

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

In the trial court you can expect 2 years delay and in appeal court another 2 years

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?

No

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..

the deposit of rent is admitted arreas that is not the final verdict.  So you dont loose the balance amount. Your advocate is correct.

 

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??

you have to occupy the building for a perido of time as the law