Order 21 rule 99
Dhiraj A Rajhans
(Querist) 05 August 2012
This query is : Resolved
women's husband is a tenant in a property. landlord by virue of an eviction suit has obtained a decree of eviction against the women's husband. Consequently a darkhast is pending in the court. the women vide an application under order 21 rule 99 objected the same stating that she is the tenant and not the husband and hence she may not be dispossessed. the court rejected her application citing two reasons - a) no documentary proof b) being in the capacity of wife not proper to say that she didn't knew about the pendency of suit.
1) Whether appeal is maintainable against such rejection??
2) what is the exact procedure for deciding the application??
3) any other case laws which can be filed in that repect.
Advocate Bhartesh goyal
(Expert) 05 August 2012
There is no error or mistake in courts order.Wife had to prove that she is tenant by cogent evidece{documentry and oral} which she did not adduced.Wife may file miscellaneous appeal against the said order alongwith stay application.
ashutosh mishra
(Expert) 05 August 2012
a delaying tact which court noticed.
