Evictionof tenant
pawan kumar
(Querist) 25 February 2012
This query is : Resolved
SUIT WAS FILED FOR EVICTION FOR SUB LETTING AND NON PAYMENT OF RENT. PENDING PROCEEDINGS SUB LETTE FILED CASE AGAINST ME FOR PERMANENT INJNCTION THAT THEY ARE INDEPENDENT TENANTS AND SHOULD NOT BE EVICTED.ON MY REPLY COURT DISMISSED SUB LETTE PETION AND THEY VACATED THE PORTION OF PREMISES AND HANDED OVER POSSESION TO ME. CASE AGAINST TENANT IS STILL GOING ON AS HE CONTINUES TO OCCUPY PORTION.WILL THIS DEVOLPMENT AFFECT THE CASE IN ANY WAY.
M.Sheik Mohammed Ali
(Expert) 25 February 2012
the court only give order, not do to evict, if have order than go police station and show order and ask to help to vacate tenant from premises
Raj Kumar Makkad
(Expert) 25 February 2012
Police would not provide help in the way suggested by sheik.
You shall have to file the execution petition before the same court which passed eviction order and ensure its implementation at any cost.
M/s. Y-not legal services
(Expert) 25 February 2012
makkad sir., as of the given facts main suit is still pending..
am i right dear pawan?
-tom-
Advocate Bhartesh goyal
(Expert) 25 February 2012
Dismissal of sublettee's petition and handing over the vacant possession by him to you does not make any effect on your case rather it proves sub letting.
Adv.R.P.Chugh
(Expert) 25 February 2012
The order that you have got in the permanent injunction case filed by the Sub Tenant, would help as the same recognises existence of sub tenancy. Though the general principle remains that judgment of one court is not relevant as every case turns on the its own factual matrix. This judgment becomes relevant as a fact in issue in your case of eviction against the tenant on grounds of eviction. (S.43 Indian Evidence Act)
Raj Kumar Makkad
(Expert) 25 February 2012
It was overlooked that the matter is still pending against the tenant. Sub-letting has been duly proved and this shall become a major ground for eviction now.
There is practically no impact over the possession which still is under tenant so wait for the disposal of the final petition.
prabhakar singh
(Expert) 25 February 2012
The developments stated by you are favorable to your case.
