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Sumit (SA)     06 June 2011

Tenants eviction after dismissal of suit


I am from Kolkata. A tenant who has defaulted in paying rents in a lease-hold property in my fathers name had instituted a suit in the year 2005, challenging my fathers right as the landlord and stating that he is not a tenant with a plea for permanent injunction. During the pendency of the suit my father expired and myself, my brother and my mother was substituted as defendants. Now the trial court has dismissed the plaintiff's case as misconceived and not tenable.

I have filed a caveat in the sr. division court. Now is it possible for me to file for eviction during the pendency of the appeal? the tenant in question has defaulted in paying rents since Dec 2004. Also since the order is not of "Execution" nature, can the appellent be granted a stay on the trial courts dismissal order? Ourself(defendants) had not regsitered any suit during the course of trial.




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