Appeal - irregularity
Namitabh Kothari (9930992660)
(Querist) 24 January 2011
This query is : Resolved
Friends,
I have few issues on legal points.
The landlord has filed the suit for eviction.
The trial court dismissed the suit.
The Landlord files Appeal.
During the Appeal, he has made amendments of the plaint and brings new grounds for getting the possession of the premises. Evidence is led by the landlord and he is cross-examined by the tenant on the new grounds.
The Appeal is still pending during all this time.
During this time of the Appeal, the tenant dies.
Though the Legal heirs of the tenant are issued notices and they are served, they appear before the Appeal Court and the Appeal is heard finally after.
however, the Landlord has not amended the Title of the Appeal and it still remains against the dead tenant.
Now, the Appeal has reversed the judgement and decreed the suit.
However, the name in the title of the suit is still not changed and the order of eviction is passed against the dead tenant.
So, can the decree be passed against the dead tenant as his name is still on the title of the plaint and Appeal?
and also, can such a decree be obstructed by or executed against the LR of the dead tenant?
Not amending the title of the Plaint and Appeal is just an irregularity which can be corrected or because of this defect, the Appeal should fail?
So, I am just wondering whether the Appeal Court has done injustice to the tenant by such amendment.
Looking forward to your valuable guidance.
regards
Namitabh
9930 992 660
DEFENSE ADVOCATE.-firmaction@g
(Expert) 25 January 2011
You must go in appeal . The correction of names is minor but still valid point. However the amendments by the landlords in reasons is major issue. You must contest it in higher courts.
There are also very minor but fatal issues like, lease agreement , rent reciepts and most important notice for possession.
Go very minutely with every word of the plaint and I am sure you will still find many mistakes which you can challange in higher courts sucessfully.
R.venkatesh Naidu
(Expert) 26 January 2011
i agreed mr.Shasikumar's advice, but slightly doubt. I try to clear it as early as possible
Amit Minocha
(Expert) 28 January 2011
since LR appeared before the Court on notice of substitution, mere non amendment of title would not be an issue. Court may direct new memo of parties be filed . The LRS can challenge the order further
