Deadline of eviction before review date
Swaty Gupta
(Querist) 13 February 2022
This query is : Resolved
Respected Experts,
My husband(& other members of joint family) is a tenant of a commercial property in Delhi. It is a pagdi property rented by his grandfather before 1950. Recently, the present landlord filed for eviction on bonafide grounds and rent controller passed eviction order. We filed for a review to the rent controller. The
hearings are still going on regarding the review. The eviction date is almost reached even though the date for hearing of review is later.
I want to know that if the review decision is against the tenant, then would it call for immediate eviction without any further time limit or is there any provision to push the deadline to accomodate the delay in review decision and to allow time for appeal to high court?
Regards,
Swaty
kavksatyanarayana
(Expert) 13 February 2022
The court will give some time to vacate the property. File an appeal within the stipulated time in HC and consult your own counsel for his guidance.
Advocate Bhartesh goyal
(Expert) 13 February 2022
Scope of review is limited and chances of succeeding is very least, why didn't you file appeal? File an appeal along with stay petition and challenge the eviction order.
SHIRISH PAWAR, 7738990900
(Expert) 14 February 2022
Hello,
In judgment, the court will grant some time for vacating the property. If you don't appeal eviction will start approximately after 60 days. You will have an opportunity to file an appeal within 30 days of judgment.
P. Venu
(Expert) 14 February 2022
Even if the decree is confirmed in review or appeal, the decree holder cannot evict you forcefully. He needs to initiate execution proceedings unless, of course, the judgment debtor comply vacate the premises voluntarily.
