Inspection of suit premises
KETAN J SHAH
(Querist) 17 January 2013
This query is : Resolved
Dear Devajyoti sir and Rajkumar Sir,
Thanks for your valuable opinion
As asked by you about which court has given stay .So to tell you that Small Causes Appeal court is where the tenant had filed the application This Appeal court has just rejected the application for stay filed by the Tenant . Now the Tenant has asked for 6 weeks time as he wants to go to High Court.
Recently High Court has given a notification in general that the Landlord has right to inspect the premises at any stage of the suit.
Sir , for your information the disputed suit premises is a commercial nursing Home and not a residential premises.
If the Supreme Court has power to grant stay after hearing the Tenant then would it not hear the Landlord before passing any stay order
Please give your valuable opinion and sorry for the trouble but the Landlord has no other way out to come over his ordeal
Thanks
Devajyoti Barman
(Expert) 18 January 2013
The appellate court at the time of admssion of appeal can grant order of stay ex parte. You made a mistake of not lodging Caveat.
Had that been lodged ex parte stay order would not have passed.
Anyway appear in the appeal and contest the case speedily so a final order is passed.
KETAN J SHAH
(Querist) 01 March 2013
Sir,
The appellate court has granted permission for inspection of the suit premises The High court also has granted permission for inspection Now can the landlord carry out inspection of suit premises with his artitect, and other authorised persons along with his advocate
please opine
Raj Kumar Makkad
(Expert) 01 March 2013
if he has permission of the court, he can definitely use this opportunity.
prabhakar singh
(Expert) 01 March 2013
Your Q."If the Supreme Court has power to grant stay after hearing the Tenant then would it not hear the Landlord before passing any stay order"
Answer:To get insured that Supreme court hears you before passing any stay order in favor of tenant,file a caveat.
