Eviction
Kakoli Roy
(Querist) 14 August 2014
This query is : Resolved
Our landlord had filed an eviction suit against my husband with the plea that he needed the space for his own use. The court constituted a commission which looked into the matter and said that he had sufficient space and did not need our space. As soon as the commission filed its report with the court, the landlord withdrew that case voluntarily.
Subsequently, he has filed another eviction suit on same terms with the same court but before a different judge. Again, a commission has been constituted.
Can he do this? Does it not amount to harrassment? What remedy do we have?
ROHIT SHARMA
(Expert) 14 August 2014
1. Bring the facts of the earlier suit. Furnish the copy of his first withdrawal the matter in the matter of new case. The court will dismiss his application. If a commission is made show the commissioner advocate the report of the earlier commission.
2. Do not worry it is not easy for to evict a tenant.
R.K Nanda
(Expert) 14 August 2014
file certified copy of order of withdrawal of previous suit in new suit and ask court to dismiss new suit which is not maintainable.