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S Mukhopadhyay (Retired)     15 November 2010

Time limit for appeal in court & other advice

Dear Members

After a long court case of 13 years I have been able to get a verdict awarded by small causes court for eviction of tenants (who used to pay200 as rent 30 years back and own 2 properties in the city currently) on grounds of reasonable occupation. The verdict has been awarded 3 months back and I have filed a caveat. So far no information has come to me about their appeal.

 

I would like to know -

What is the time limit available to them for further appeal?

My caveat is expiring in few days. Shall I renew it?

The tenants do not occupy the property and demand money for eviction. So to harass us they want to extend the legal proceedings as long as possible.Can any pre emptive step be taken to prevent the further stretching of legal procedure?

Can I demand for any financial compensation? (because it my go on for another 5years and they have to shell out only200 pm for rent and I have to live with great difficulty and bear legal expenses)

Thanks in advance

SM



Learning

 3 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     16 November 2010

you need to renew caveast.

get advise from your advocate for filing application for fixation of fair rent

why should you get 200 as rent for all these years.better if you

 filed such application for fixing fair rent 13 years back

S Mukhopadhyay (Retired)     16 November 2010

Thanks for your reply.

My advocate says that I can not claim for enhancement of rent as I want the eviction of tenants

and claiming enhanced rent is not possible.

The court is already passed decree for the eviction.

Is it possible for me now to claim an enhanced rent for all the years they have been occupying premises since I filed the lawsuit?

Thanks

SM

P V Namjoshi (pvnamjoshi@gmail.com)     14 July 2011

Make reference to Limittion Act and any time limit prescribed in Special Law. ou can go through Sec. 9 and 10 of Genera cluses Act also. 


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