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sri   01 August 2016

What is the use of filing affidavit of undertaking, if we r

We lost the RCOP and RCA against our landlord. Now in CRP eviction case judge ordered us to vacate the premises even though we have a valid proof, that the landlord was trying to sell the property for higher profit; and not needing it for his own use.

After pronouncement of the order, our lawyer seeks 1 year time for vacating the premises, judge grants 6 months time with a condition that we should file an affidavit of undertaking stating 'we will vacate the premises within 6 months from today without driving the respondent/landlord to initiate execution proceedings 
 

1) Can filing such affidavit cause any harm to us? Or it will be helpful for us by any means?

2) What is the use of this Affidavit of undertaking, if we are going to appeal against this judgment (as landlord wants the property for selling within 6 or 12 months)

3) If he sells, Can the upcoming owner use this affidavit against us?

4)Can the Supreme court dismiss the case in the admission stage itself? If so, is it means we have no other option than vacating the premises?

Our lawyer says the supreme court will accept the case (85% chances in our favor) but the final judgment is undecidable.

 



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 3 Replies

G.L.N. Prasad (Retired employee.)     02 August 2016

If you wanted to go for appeal, even calling for such affidavit may also be challenged.

G.L.N. Prasad (Retired employee.)     02 August 2016

Before the lower court, tenant agreeing to vacate the premises within one year and then approaching higher court against such order may not appeal proper to the appellate court.

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sri   03 August 2016

Sir,

1)Is there anyway to appeal against this order in High court? Or supreme court is the only way to proceed further?

2) If we got a stay against this order in supreme court, how long will it take to disposed?


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