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shaikh (Senior Software Professional)     24 May 2012

Room taken away by owner in pagdi system

My in-laws were staying in a pagdi system room at Kurla, Pipe Road. They moved out in the year 1998.  Room was then rented out to another family. Tenancy is still in the name of my mother in-law.
Though we tried giving rent to the owner regularly, she never accepted it. Owner filed a case against us in the year 2008 showing that we are not paying the rent for past 10 years.
This case lasted for about 4 years. We were not at all aware of this case, neither we recieved any summons from court in past 4 years. May be the tenant currently residing never bothered to tell us about any court documents recieved.
As there was no appeal from our side, court gave one-sided judgment recently. Room is now taken away by the owner.
Please guide us how to go about this matter, are there any chances of getting the room back?
 



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 2 Replies

Rajeev Kumar (Lawyer/Advocate)     24 May 2012

File a suit under order 7 rule 13 of cpc for setting aside the ex-parte decree with the all documents and defend yourself

shaikh (Senior Software Professional)     25 May 2012

Thnx for ur reply. Please let us know the time frame for setting aside the ex-parte decree . I mean how soon we should go for it. Also what all documents are needed.

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