Ejectment
Swathi S Bhat
(Querist) 24 March 2016
This query is : Resolved
My query is on ejectment suit which was filed as per TP Act for recovery of possession of shop premises and for damages. Can anyone clear me about the procedure regarding the damages i.e.,
whether any evidence has to be given pertaining to the damages in the lower court itself OR
the appellate court will order for damages when the tenant moves for an appeal OR
a separate petition i.e., mis petition has to be filed for the recovery of damages?
Now the stage is posted for arguments of plaintiff and the issue has been framed on the recovery of damages.
P. Venu
(Expert) 25 March 2016
Material facts are missing.
Rajendra K Goyal
(Expert) 25 March 2016
Please state material facts.
At which state the case is?
Who has filed the case / appeal if any?
Swathi S Bhat
(Querist) 26 March 2016
No one has filed the appeal, decree yet to pass. The stage is as already stated i.e.,for plaintiff's arguments. I want to know the clear procedure about the recovery of damages or meanse profit from the tenant who is an unauthorised occupant.
whether any evidence has to be given pertaining to the damages in the lower court itself OR
the appellate court will order for damages when the tenant moves for an appeal OR
a separate petition i.e., mis petition has to be filed for the recovery of damages?
Is there any supreme court decision pertaining to the procedure for recovery of damages.
Dr J C Vashista
(Expert) 27 March 2016
Did you prove the quantum of damages claimed? Have you produced any evidence to that effect for passing a decree of mesne profit and/or damages? Whether the defendant have cross-examined the evidence and witness?
If so, the trail court shall consider otherwise NEVER in the life of case i.e., in trial or appellete court.
Swathi S Bhat
(Querist) 27 March 2016
Thank you Dr. J C Vashista sir.
