Sanjay (Programmer) 22 December 2014

Rcop case - appeal window & timelines?

Respected Sir,

Here is my case and case status:

I reside in Madurai, Tamil Nadu and filed an RCOP case in the year 2009 against my tenant for vacation just because I need the space for my own use.The Addl. District Munsiff court awarded the judgement in my favour, after 6 long years. The judgement says, that the tenant needs to vacate the premises in another 2 months.

I was informed that the tenant has a provision to go for an appeal within 30 days.

My questions are:

(a) From which date the 30 day appeal window starts? Does that start from the date the judgement was issued? Or from the date the the judgement copy is obtained by the tenant or landlord?

(b) What if the tenant does not obtain the copy of the judgement at all and wants to prolong the time?

Kindly let me know.

Regards,

Sanjay

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2 Replies

Hardeep (Business) 22 December 2014

1) From the date of judgement.

2) If the tenant does not take copy of the same, he can not claim benefit later of his own lapses.Unless he can put in strong reasons for the same and Court believes him.

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Sanjay (Programmer) 24 December 2014

Thanks much for your response sir.

Just to ensure I understood it right. - The judgement was pronounced on Dec 5. However, we are yet to receive the copy of the order. Given the fact that the appeal window is 30 days, I would understand that my tenant has only until Jan5 before which we can go for an appeal. Is that right?

Kindly let me know.