If a case is dismissed in my favor, is that a benefit?
niky......
(Querist) 02 March 2013
This query is : Resolved
This is a rent evac related case. I am the defendant and plaintiff is owner.
The plaintiff filed court suit without sending the prior notice to me, which is not correct. So if a raise this objection and court decides to dismiss the case.
Will that mean i have win this case? or just that a new case will be again filed by plaintiff in small cause court again/ or in high court?
And can this be a disadvantage as my case seems strong now, but later if they filed the case after dismissal, Plaintiff can make change to their WS in a way to counter there weakness which are in current case?
prabhakar singh
(Expert) 02 March 2013
A suit to evict tenant if filed without serving tenancy determination notice and with out demand of arrears and damages would be dismissed.
But such a dismissal does not provide any life long insulation to the tenant against eviction.
A land lord would be free to file a fresh suit after compliance of notice provisions laid in s.106 of the Transfer of Property Act.
Raj Kumar Makkad
(Expert) 02 March 2013
In every tenancy related disputes, the service of legal notice is not mandatory. So, it has to be seen on the basis of contents of the petition whether such notice was required or not.
If your case is just based upon this simple issue then better to proceed with the same petition and do not provide a chance to the landlord to fill the laceuna of his case, if any at subsequent stage by filing a fresh case as he is not barred to lodge it again.
ajay sethi
(Expert) 02 March 2013
settle with landlord . that is the best solution . tchnicalites wont help you much
niky......
(Querist) 02 March 2013
Thank you sir Singh and Makkad.
In coming sessions the framing of case is going to happen.
I was planning to put a amendment to my WS and to mention this fact that the notice was not given to me prior to the plaintiff filing suit in court.
Shall i mention this in amendment or no?
I am not asking court to dismiss the case on that basis, but just to put this point in WS?
Will this add value to my case?
Raj Kumar Makkad
(Expert) 02 March 2013
You may apply seeking amendment and if your application is allowed, you may be able to insert the additional point in your WS but the fate of the case cannot be told by any one.
