Remedy for defendant in eviction suit passed ex parte u/s 34 of spr act 1963
Anurag
(Querist) 25 August 2016
This query is : Resolved
The case relates to leave and license agreement between us and the owner for a period of 11 months (unregistered agreement). after the expiry of the period of 11 months the agreement was not renewed and we continued to stay in the flat premises and pay the pre-decided compensation amount of rs 5000 to the owner regularly for a span of 2 years after the expiration of the leave and license agreement. The owner did not object to it and continued to receive the said amount. after a span of 2 years he told us that he wanted to sell the flat premises and hence we orally informed him about our intention to purchase it. Later on we sought time to verify the title of the premises and meanwhile did spend a sizable amount in renovation of the flat.( we have the reciepts of the expenditure incurred on the renovation, paint, repairs ). while verifying the documents of the title we came to notice that the tax receipts and the electricity bill is in the name of someone else and we informed this to the owner. thereafter He sent us a legal notice seeking possession of the said flat to which we replied in our legal notice that the title of the premises is not clear and hence we do not want to proceed with oral agreement for sale as decided earlier. Subequently, we came to know that the title of the flat is not clear and we did not proceed with the oral agreement for sale. he filed suit for eviction and recovery of damages under section 34 of the specific relief act. Suit is decreed ex-parte, where we are told to hand over the possession as well as pay an amount calculated 10,000 per month from the date of filing of the suit till the final judgment ( 16 MONTHS APPROX). execution of decree proceedings are pending for adjudication. what can we don now?? thanx for the advice in advance.
Ms.Usha Kapoor
(Expert) 25 August 2016
Please come out with full facts. You are the tenant plaint or the defendant landlord? Once you confirm this we can come up with solution.
Rajendra K Goyal
(Expert) 25 August 2016
Without knowing full case details / related documents / court orders and case file, nothing can be advised. Discuss with your lawyer.
P. Venu
(Expert) 25 August 2016
Please post the complete facts.
Anurag
(Querist) 25 August 2016
The case relates to leave and license agreement between us and the owner for a period of 11 months (unregistered agreement). after the expiry of the period of 11 months the agreement was not renewed and we continued to stay in the flat premises and pay the pre-decided compensation amount of rs 5000 to the owner regularly for a span of 2 years after the expiration of the leave and license agreement. The owner did not object to it and continued to receive the said amount. after a span of 2 years he told us that he wanted to sell the flat premises and hence we orally informed him about our intention to purchase it. Later on we sought time to verify the title of the premises and meanwhile did spend a sizable amount in renovation of the flat.( we have the reciepts of the expenditure incurred on the renovation, paint, repairs ). while verifying the documents of the title we came to notice that the tax receipts and the electricity bill is in the name of someone else and we informed this to the owner. thereafter He sent us a legal notice seeking possession of the said flat to which we replied in our legal notice that the title of the premises is not clear and hence we do not want to proceed with oral agreement for sale as decided earlier. Subequently, we came to know that the title of the flat is not clear and we did not proceed with the oral agreement for sale. he filed suit for eviction and recovery of damages under section 34 of the specific relief act. Suit is decreed ex-parte, where we are told to hand over the possession as well as pay an amount calculated 10,000 per month from the date of filing of the suit till the final judgment ( 16 MONTHS APPROX). execution of decree proceedings are pending for adjudication. what can we don now?? thanx for the advice in advance.
SACHIN AGARWAL
(Expert) 17 February 2017
Inform what you have done so far after ex-parte decree
