Suit
armaan kapoor
(Querist) 12 October 2013
This query is : Resolved
i hve been residing in the premises since nov 2008. hav filed a suit in the city civil court since 30th march 2010 for specific performance of contract to which the reply and the w.s. has been filed. notice of motion is pending for permanent injunction. today i recieve a letter from the advovate of the defendants that they want to evict me n have sent a letter through their advocate that they wer not aware of their rights and are filing an eviction suit.
the defentant has filed an fir against me on 31st march 2010.
pls guide me regarding her right to evict me and the period of limitation, as well as my rights.
in urgent need.
Devajyoti Barman
(Expert) 12 October 2013
Your civil suit has no bar to file a suit for eviction. You have to fight the said suit as well by filing a WS.
You may try to file a petition u/s 10 of cpc in the later suit for stay.
armaan kapoor
(Querist) 12 October 2013
thanks sir...but is it not barred by limitation as she has already filled an fir against me 3 yrs back and slept over her rights.
Rajendra K Goyal
(Expert) 12 October 2013
Criminal and civil cases are separate.
prabhakar singh
(Expert) 12 October 2013
Unless agreement to sale finds mentioned with a clause of delivery of possession to you with reference to part performance of contract as envisaged in TPA,your present possession would be treated as that of a tenant and landlord/landlady can terminate your tenancy asking you to deliver vacant possession of leased premises from you and on your non compliance of notice, landlady does have right to file eviction suit as both suits would be of independent nature,both would proceed side by side and no stay would be granted to drop the eviction suit of landlord/landlady just on the ground that you have filed earlier a suit of specific performance based on an agreement to sale made by her with you.
armaan kapoor
(Querist) 12 October 2013
thanks sir, but this suit is between two private parties. she is not the landlord but a previous tenant. it is a proposed society.
prabhakar singh
(Expert) 12 October 2013
If there are several qualifying facts to your first query then open all of them neatly by a fresh post in this very thread so that one may grasp it as a whole and can
answer it once for ever without causing any displeasure to you.
armaan kapoor
(Querist) 12 October 2013
i hve been residing in the tenented premises since nov 2008 in which landlord is not tracable and there is a proposed society formed for the past 10 yrs.we hav purchased this premises in the yr 2008. as the premises stands in the name of the daughter initially an mou was prepared between me and the father(POA HOLDER)MOU was made of debtor creditor against posession. after some time paid 2nd installment and made MOU in which op has signed the reciept only and mentioned that payment is regarding sale of suit premises.i was assured that he would do the needful on consulting his advocate.suddenly one day there wer cops at my premises.so i filed a suit in the city civil court on 30th march 2010 for specific performance of contract to which the reply and the w.s. has been filed. notice of motion is pending for permanent injunction. today i recieve a letter from the advovate for the daughter that they want to evict me n have sent a letter through their advocate that they wer not aware of their rights and are filing an eviction suit.
the daughter has filed an fir against me on 31st march 2010 which is a counter blast of my suit.
pls guide me regarding her right to evict me and the period of limitation, as well as my rights.
in urgent need.
Devajyoti Barman
(Expert) 12 October 2013
You are already advised as you know that LL has every right to file eviction suit against.
Now stop posting same queries again and again.
prabhakar singh
(Expert) 12 October 2013
First from some one learn to know how facts are stated as your present query has become more incoherent than the former and now i am not able to comprehend it at all.
Raj Kumar Makkad
(Expert) 13 October 2013
I fully endorse the detailed advice of Mr. Singh.
