House matter
Dilshad M. Merchant
(Querist) 30 August 2013
This query is : Resolved
I am a parsi girl by birth but married to muslim and have twins. we are living with my parents since my in-laws' house is small. my parent's house is located in parsi colony which belongs to the parsi trust. so the house is rented, i.e. my father pays monthly rent. this flat in which we r living currently is under litigation since the past 25 years, and my father lost the case just this month, since a suit decree was passed in favour of the appelant. now my father is planning to file an appeal against the decree.
I want to know the following:
1. Once the appeal is filed, can the trustees file for "Mesne profit" ?
2. Is mesne profit applicable to my father /
3. if we have lost the suit, is it necessary that we will face failure in the appeal too ?
4. If we lose the appeal, can i file a seperate suit and fresh suit against the trust or trustees in my name or my husband's name ?
5. i being a legal heir to my father, will i be eligible to fight the case against the trustees if my parents remain no more ?
Kindly reply to all my above queries, since i need a clear picture of the above facts.
Thanking you,
Mrs. D.M.Merchant.
adv. rajeev ( rajoo )
(Expert) 30 August 2013
without going thru., the matter it cannot be advised you properly
Raj Kumar Makkad
(Expert) 30 August 2013
1. No if the stay order is obtained by your father from the appellate court.
2. Yes, if no stay order is obtained.
3. This is very vague and irrational question. If the judgment of the lower court remains final then what is the need for appellate courts?
4. No if your father is tenant in that property.
5. No.
Rajendra K Goyal
(Expert) 31 August 2013
Well advised by the expert raj kumar makkad ji, nothing more to add.
