Eviction case

Who has directed? What is the context? Please post complete facts.

@venu sir- direction by the delhi high court, possession case was filed by the father in-law for asking me to leave my matrimonial house, his application under order 12(6) got allowed, later i filed RFA , in that RFA judge has mentioned this, after the above two lines, judge has mentioned that if I don't vacate in 4 weeks then father-in-law can proceed with his execution case as per law, i got a bit confused also, judge has mentioned that husband vl pay rent subject to me vacating the premises, so does that mean that it's my choice whether I want to leave the house or not

Surely you will have engaged a counsel in the matter why not first seek clarification from him ?

@ siddhi - i have asked for a legal opinion only, do not dictate as to how should I seek an opinion, refrain from lecturing here, litigant seeks a legal opinion and not such comments by you, do not reply on my posts & don't waste your time in dictating me

 

RFA Case is pending in KARNATAKA high Court wherein i am respondent . My advocate says only appellant can ask for bringing the case on board, not me. Please advice 🙏

"I don't vacate in 4 weeks then father-in-law can proceed with his execution case as per law".

According to the aforementioned statement, if you will not vacate the property in 4 weeks then the Father-in-law may proceed for the execution proceedings of the decision made under Order XII Rule 6. In a view, the Court has decided the RFA in favour of your Father in Law and has give you four weeks time to vacate, Therefore, ultimately, you have to vacate the property, if you will not vacate it in 4 weeks, you have to vacate when the execution proceedings will be initiated. To simply it for you, execution proceeding is to bring into force the decision of the Court. So, if the Court has decided for your vacation then in execution proceedings, you will be made to vacate the property.

Now, coming to the second part. If you vacate the property yourself within 4 weeks then your husband has to pay one year advance rent to you. If you dont vacate then he is not liable to pay anything. 

As I have not seen the complete order of the Court. I will also request you to confirm it from your counsel.

Thank you.

 

Originally posted by : Appasaheb Patil

RFA Case is pending in KARNATAKA high Court wherein i am respondent . My advocate says only appellant can ask for bringing the case on board, not me. Please advice 🙏

Mr. Appasaheb:

Is it the same case or a different case? If a different case, post in a different thread.

Ms. Shivani:

You are still avoiding the material facts.

Who has filed the case? Which Court ? What are the reliefs sought? Under which Act? Who are the defendants/respondents?

Why RFA in High Court? Which High Court? What is the RFA No.?

@ Sumit - yes you have guided me right , high court judge said that it should not happen that i continue to stay in the house and keep taking the rent amount, so that's what gave me an idea, may be choice has been left to me and definitely i don't want to vacate the house on my own, will proceed in execution by filing objections etc..

 

@ penu sir- thank you