RC Revision Petition Help!
Sumit Kapila
(Querist) 18 October 2010
This query is : Resolved
Dear Experts,
My tenant has filled a petition in the Delhi High Court against the eviction order passed against him by the Additional Rent Controller. Thereafter, I did not file any caveat.
I checked online, and on the first date this is what the Honorable Judge had to say to my tenant:
"Heard.
Issue notice to respondent on filing PF and RC within a week, returnable
on January 11, 2010."
1.What does PF and RC mean, and why it is issued to me (Respondent)?
2.Is it a summon issued to me? If yes, would he (tenant) be asking for extra time? What if, I do not want to give him extra time, can the Honorable Judge force me to give him extra time?
I would really appreciate any help or guidance.
Thanks you very much in advance!
Sumit
Devajyoti Barman
(Expert) 18 October 2010
The high court has seemed to admit the appeal and directed the appellant to issue notice upon you so that you could defend your case. In high court unnecessary time is strongly discouraged and hence you should not worry on this aspect.
Sumit Kapila
(Querist) 18 October 2010
Thanks Mr. Barman,
So it means that it is infact a summon, and I have to appear in High court to defend my case, whenever, I receive it.
Thanks again for a speedy reply!
Sumit
Nu.Delhi.Law.Fora.
(Expert) 18 October 2010
Dear Querist,
Please note that in order to save time, you may prepare reply to the revision and place it on record of court in time, and request the Court for arguement that day itself or any short date.
Trust this would suffice.
--
Thanks & regards.
Rabin Majumder
Advocate & Attorney
NuDelhiLawFora
At:
Ch. 91, Sh. AK Sen Chambers Block,
Supreme Court of India
New Delhi - 110001
Also at:
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2nd Floor, Bar Room
Delhi High Court
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Sumit Kapila
(Querist) 18 October 2010
Thanks Mr. Barman and Mr. Majumder!
I cannot prepare utill I know on what grounds he has filled the petition. Is there a way I can know on what grounds he has filled the petition, like on any website or something? I haven't received the summons yet.
Thanks again!
Sumit
ashish lal
(Expert) 18 October 2010
hire a lawyer after you receive summons
Sumit Kapila
(Querist) 18 October 2010
I will definitely hire a lawyer. However, reading all 2010 RC Review judgments, my understanding is that, sometimes there is a request for settlement from the Tenant side i.e. tenant ask for extra time in return for withdrawing the petition, and in most cases landlord agrees to that. I want to understand that, is it landlords sole discretion to grant extra time to the tenant or honorable judge have an influence in the respect.
Thanks!
Sumit
Sumit Kapila
(Querist) 18 October 2010
I mean, extra time to vacate the premises.
Normaly, it varies from 2-3 years. I cannot do that, and I think my case is very strong. In addition, I have noticed that 95% of judgements are in landlords' favour.
Thanks!
Sumit
Nu.Delhi.Law.Fora.
(Expert) 18 October 2010
Dear Querist,
Depending upon the facts of the case, circumstances so arise in all cases if eviction and revisional issues before HC, that ordinarily an extra time is afforded to the tenant to vacate the premises.
How much should be the lead time for tenant depends on merits of the case also. Since you say that you have very strong case in your favour, may be that a reduced time-line at best be allowed to the tenant to vaccate.
Trust this would suffice.
Rabin Majumder
Advocate & Attorney
New Delhi
H. S. Thukral
(Expert) 24 October 2010
From the stated facts it appears that the Rent Controller passed an eviction order on your petition for bonafide need of the premises. The tenant is before HC in its powers to revision under 25-B(8) of the DRC Act. The eviction order is stayed till then. However you can make an application for payment of market rent instead of rent being paid by the tenant at the time of eviction.
Sumit Kapila
(Querist) 26 October 2010
Thanks Mr. Thukra!
As I am still waiting for the summon to be served to me, I tried finding out from the high Court on what grounds my tenant has filled the petition. I could not get to know what are the grounds of the petition but, I came to know that my summon do not have an envolope with my address on it. That means, I won't be served the summon, and there will be another date. I guess it was tenants duty to do that however, he did not. So what happens now, will the judge give him another date or what?
Thanks!
H. S. Thukral
(Expert) 26 October 2010
Your lawyer can inspect the court file. If the summons have not been served on you the same are returned with endorsement of process server. You can check the court file in this respect too. Since this is an appeal from a trail court order, which is in your favour, I shall advise you to take the above steps without delay.
Sumit Kapila
(Querist) 27 October 2010
Thank you very much! I appretiate your help.
Sumit
Sumit Kapila
(Querist) 08 November 2010
Hi,
I again enquired about my summon in the High Court and it will not be served to me anymore as High Court is mising my address information, which I believe was a deliberate attempt from my tenants lawyer to get a stay. Can my tenant get stay without me being served the summon? If yes, I believe he will be given another date however, I wonder, if I'll be able to procure eviction order from the lower court? Or High Court's next date in itself is a stay and I'll not be able to procure eviction orders from the Lower Court. Lower Court Orders, which I got in my favour, will be in effect in next two weeks.
Thanks!
Sumit Kapila
