which appeal


I want to know that the I have lost the case in the small causes court as a defendant for the property which I had taken on Leave and License basis.The Plaintiffs filed the suit for getting possession and claiming mesne profits and arrears of claim. I am ready to give possession though court, but they are asking for arrears thrice the amount of the compensation as per the agreement. Since they asked me to vacate, and I did not vacate that time. Now I am ready to give possession, which they are not willing to take, they are asking  for comensation.Our deposit is with them. Before the court, the matter was argued and the court did not allow our application, which we had taken out that their suit should be dismissed, the reason that all the monthly compensation is being credited by them, therefore, why they filed the suit, all they want is possession. The court did not allow our application.

I seek Advise, whether now we have to file appeal in the same court or in the High court, by way of which appeal. Anybody can send me the draft appeal.

 

Regards,

 

( SARITA SHIVARAMAN )     

 
Reply   
 
Legal Manager

The first appeal against a judgment of the small causes court will be lodged before the superior court (Principal Judge Small Causes Court).  But I believe from your querry that you had taken out an application that the suit be dismissed for claiming compensation on some ground and the application has been dismissed.  In such case of dismissal of your application, you have to prefer CRP (civil revision petition) before the High Court.  Your querry can be better answered if full details are provided.

 
Reply   
 



can anyone tell me the difference between second appeal & L.P.A.?

 
Reply   
 

KINDLY LET ME KNOW WHEN U HAVE FILED THE APPLICATION  . . . .AND U HAVE TO KNOW THE DOORS OF DISTRICT JUDGE FOR FIRST APPEAL . . . . .HIGH COURT CAN ONLY INTERFERE UNDER CIVIL REVISION IF THE SUIT IS PENDING BUT SUIT HAS BEEN DECREED AGAINST U  . . .SO U HAVE TO FILE FIRST APPEAL BEFORE DISTRICT JUDGE. . .

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

  LAWyersclubindia Menu

Join the MasterClass     |    x