Eviction of Tenent
Amar
(Querist) 12 August 2009
This query is : Resolved
Hello, We have a tenent that we are trying to evict for the past couple of years. We need the premise for our personal use, unfortunately everytime we appear to the court we are given new dates and there never seems to any closure. Any suggestions would be greatly appreciated!!!
Thanks
PALNITKAR V.V.
(Expert) 12 August 2009
Approach higher court and get an order of expeditious hearing.
Kiran Kumar
(Expert) 12 August 2009
well Amar since the facts of ur case are not in front of us, so precise advice is not possible.
Mr. Palnitkar is right u can approah HC to have issued directions for quick disposal in case the delay is being done without any cogent reasons.
in 2005 Hon'ble SC delivered a judgment titled Salem Bar Association v/s Union of India
in this judgment SC laid down few guidelines in context of disposal of cases however such are not mandatory but will benefit ur case.
for rest of the details contact ur local lawyer.
G. ARAVINTHAN
(Expert) 12 August 2009
Under Article 227 of Indian Constitution, you can file revision before the High Court.
You need to get details of the adjournments and to file along with the case.
You need to explain why the case is prolonging
vinjamuri ranga babu
(Expert) 12 August 2009
hi,
you have not given the status of the case. if the case is coming for trial, then you file a chief affidavit on behalf of you by your advocate. give current status of the case.
vr
charudureja
(Expert) 12 August 2009
i dont think Revision is maintainable in this case...i find concurrence with answer given by Mr. Kiran Kumar.
ashish sharma
(Expert) 18 August 2009
Move to high court file a petition to give directins to the lower court for prolonging adjournments..
Amar
(Querist) 13 October 2009
Here is latest update, we had filed the case for eviction approx 2 years back and still not received cross examination. Court has been giving new dates everytime we attend.
The tenants lawyer does not show up for cross examination due to which we are given new dates.
Tenant has stopped paying rent for the premise for the past 9 months, judge has recorded this along with senior citizen information.
With the above information we are still unable to get eviction notice. Please advice.
Thanks
