Dvc problems
Amit
(Querist) 03 December 2013
This query is : Resolved
Hi,
Brief facts:
My wife filed DVC and as part of that asked for residential order to stay in the house owned by me. Magistrate has ordered to pay rent instead since we never lived in that house and hence it's not a shared household.
My wife went for an appeal to Session court which reversed the magistrate's order and passed order to let my wife stay in the house.
The house is currently tenanted (from a long time).
Today, my wife came and forcibly got one room vacated and placed her luggage in that room. All this happened while I was away. She brought police along with her.
My questions are:
(1) Don't we have one month time to file an appeal?
(2) During this appeal period, can she forcefully come and stay? Police accompanying her said that she got the order to stay.
(3) The house is now locked by her. What are the next steps for me?
(4) Can I tell the police (in the PS) that appeal period is not over yet?
(5) How do I get her vacated now? I'd like file in HC against the Session court order.
(6) Can she say in HC that now that she's staying in the house (from few days), let her continue to stay?
Thanks
Devajyoti Barman
(Expert) 03 December 2013
1. Revision lies from sessions court order which is 90 days tie.
2.Appeal is disposed of as it appears.
3.Go to high court.
4.Yes
5.yes file.
6. Yes absolutely.
You are not going to get possession of the said house so easily.
prabhakar singh
(Expert) 03 December 2013
1.When Magistrate refused her order she filed appeal in session court.No appeal lies against order of Session court in high court.
Only revision lies,as rightly pointed out by Mr.Barman!
Limitation for filing revision is 90 days.
2.As no appeal lies but only revision lies which is not a substantive right,and she has entered,all would depend on how High Court takes it.
3.File the revision and an application to restore back the possession in high court.
4.you can tell that revision period is still there.
5.As already old all depends on High Court now.
6.For sure she shall say so.
Rajendra K Goyal
(Expert) 03 December 2013
Well advised by the experts, nothing more to add.
Amit
(Querist) 04 December 2013
Thanks all. I'll file the revision in HC.
What was surprising to me was that the house was tenanted and she along with police barged into the house and locked it w/o giving us notice or time to vacate.
