Rent act
BHARTI KOTHARI
(Querist) 08 March 2019
This query is : Resolved
Sir Plaintiff land lord has filled eviction suit against one Mr. ganesh babu jain. defendant tennat has filled written statement through power of attorney (Mr. Shankar K Jain) of ganesh Jain and Babu jain and taken stand that there is no person like ganesh Babu Jain and ganesh jain and babu jain are two different person. intially plaintiff has objected for recording evidence of ganesh jain and babu jain as they are not party however subsequently court has alowed them to lead evidence in the matter and ultimately the suit was decreed against mr. Ganesh Babu jain, mr. Ganesh Jain, Mr. babu jain and Mr. Shankar jain.
We have taken the stand in appeal that court has gone beyond pleading as the Plaintiff has never amended Plaint and joined the said parties and never sought eviction of Ganesh Jain, Babu Jain or their power attorney mr. Shankar jain so decree passed against them is nulity. Am I right ? Please advice me.
KISHAN DUTT KALASKAR
(Expert) 08 March 2019
Dear Sir,
You are correct but the said decree as to be declared as void since proper persons not made as defendants. If any execution proceedings initiated then similar contentions may be taken. Further you may try to set aside the Lower Court judgment by the Appellate Court.
Please mark “LIKE” if satisfied by my answer.
NANDKUMAR B SAWANT
(Expert) 09 March 2019
Sir it is a dispute between landlord and tenent.you may kindly refer your relevent tenency agreement or leave licence agreement..check if proper mandatory legal notice under rent control act was sent and served on said tenent by mentioning permissible objections and valid reasons for eviction of tenent.also carefuly check the entire proceeding of lower court by applying for certified copies of all orders passed. Because no court will pass orders against any person who is not party to the said dispute. And accordingly you may challenge the lower court order before appellate authority.good luck
NANDKUMAR B SAWANT
(Expert) 09 March 2019
Sir it is a dispute between landlord and tenent.you may kindly refer your relevent tenency agreement or leave licence agreement..check if proper mandatory legal notice under rent control act was sent and served on said tenent by mentioning permissible objections and valid reasons for eviction of tenent.also carefuly check the entire proceeding of lower court by applying for certified copies of all orders passed. Because no court will pass orders against any person who is not party to the said dispute. And accordingly you may challenge the lower court order before appellate authority.good luck
NANDKUMAR B SAWANT
(Expert) 09 March 2019
Sir it is a dispute between landlord and tenent.you may kindly refer your relevent tenency agreement or leave licence agreement..check if proper mandatory legal notice under rent control act was sent and served on said tenent by mentioning permissible objections and valid reasons for eviction of tenent.also carefuly check the entire proceeding of lower court by applying for certified copies of all orders passed. Because no court will pass orders against any person who is not party to the said dispute. And accordingly you may challenge the lower court order before appellate authority.good luck
KISHAN DUTT KALASKAR
(Expert) 09 March 2019
Dear Sir,
The Court will decide the matter on facts and if necessary party that is tenant is not arrayed as defendant then suit will automatically dismissed.
BHARTI KOTHARI
(Querist) 02 June 2019
Thank you very much for spending u r valuable time. but in the above case though all three person were not party but lead evidence and court has passed decree. my submission is that court could not go beyond relief asked. any judgement on this aspect.
ashok kumar singh
(Expert) 06 January 2020
agree with earlier expert's opinion,
thanks' & regards'
ashok kumar singh,
advocate
