Eviction of Tenant

Querist : Anonymous (Querist) 04 December 2010 This query is : Resolved
Sir,
A Houseowner has filed a suit for recovery of his own commercial premises on the grounds of owner’s occupation to start his own business. He made all things to prove the bonafideness of his requirement. Beliving this the Hon’ble Court has ordered eviction and the house owner succeeded in evicting the tenant. He kept the place idle for 6 months and then showed is true colours again rented the place for a higher rent to other parties. All the documents produced by him for showing the genuineness of his requirement were prepared by expert or professionals with the help of knowledgeable lawyers (sorry to write this). On knowing this can the ex-tenant who was evicted from the premises approach the court and seek any legal action on the Petitioner who evicted him. What kind of kind the help the Court can do in this situation for the suffered tenant. Is this bending the law by a greedy houseowner.

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DEFENSE ADVOCATE.-firmaction@g (Expert) 04 December 2010
If you have time you can make life of landlord miserable but it will cost you time as well as money.

But how it is that you got evicted on first court judgment. , since such matters go upto SC and even after execution takes years and years.

adv. rajeev ( rajoo ) (Expert) 04 December 2010
I agree with Shashikumar Sir,

B K Raghavendra Rao (Expert) 04 December 2010
You cannot proceed against the owner of the premises now. The owner has every right to take back his premises on whatever ground. If the ground on which the premises was taken back does not materialise for some reasons, that would not become a ground for the ex-tenant to harass the owner of the premises. Ex-tenant has no locus standi to seek any relief after eviction.

H. S. Thukral (Expert) 04 December 2010
where a decree is obtained by fraud, that decree is a nullity and liable to be set aside. The tenant in such cases is given a right of restoration of possession. The landlord who evicts a tenant on the ground of own requirement is prohibited from letting out the premises or disposing of the same

s.subramanian (Expert) 04 December 2010
I agree with Mr.Harbhajan.

Advocate. Arunagiri (Expert) 04 December 2010
I agree with Mr.Harbhajan.

Devajyoti Barman (Expert) 05 December 2010
yes. You can file a suit for declaration of the decree as nullity and for possession as well.If the execution proceeding is still pending then in that court itself you could pray for such relief.

Khaleel Ahmed Mohammed (Expert) 10 December 2010
well advised.

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