Commison on ejectment suite
Swarna kamal Chandra
(Querist) 17 November 2014
This query is : Resolved
I filed an ejectment suite against my tenant on ground of defaulter in paying rent since June 2006 and reasonable requirement.The tenant refuses to accept lawyers notice and summons of court.After waiting for almost 2 years the court made it ex-parte. Now I want to know whether I need to make commison to establish my rights of reasonable requirements? Only I need decree against the tenant.
Devajyoti Barman
(Expert) 17 November 2014
Since ex parte hearing is fixed, there is no need for commissioner appointment as your requirement is uncontroverted from tenant's side.
If he appears then only apply for commissioner appointment. Give your evidence to establish facts of reasonable requirement.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 17 November 2014
In ex-parte hearing, substantiate your case of ejectment by evidence & court will pass ex-parte decree. You need not bother about Appointing commissioner unless directions are issued by court.
ajay sethi
(Expert) 18 November 2014
agree with experts
T. Kalaiselvan, Advocate
(Expert) 18 November 2014
You can let in or depose the exparte evidence before the court,after the exparte decree is pronounced, you may wait for the appeal period to complete and file an EP to enforce the decree.