Small Causes Court Order

arun kumar (Querist) 12 July 2016 This query is : Resolved
Sir,
In a matter of eviction suit filed by an landlord against a tenant who is an Eligible tenant as per Annexure-2 and the land belongs to MCGM also the tenant is paying monthly rent to MCGM please consider following points:

1) The landlord obtained permission from Dy. Collector Enc./Rem. to initiate eviction suit against the tenant which is mandatory as per section 22 of slum act.

2) However, The Dy. Collector has no right to issue permission as the land belongs to MCGM.

3) The tenant aggrieved by Dy. Collector's order preferred an appeal u/s 35 of Slum Act. the appeal is still pending before the Addl. Collector i.e. Appeallate authority.

4) But irrespective of the appeal the small cause trial court has passed order of eviction.

Please guide that how can the tenant restore his possession.

Regards
Arun

Follow Query

Report Abuse

Guest (Expert) 13 July 2016
Interesting case Combination case. I will like to take interest in studying in this case.

First I need to see the Land Record - Property Card Issued by City Survey office and Site Plan of that

Second I want to see the Gazette notification of declaration of slum area and site plan

There are some documents required to be seen before concluding . I want to study the case if you can show on Whats App after collecting documents.

Either that person has rights in land or he has no rights. Certainly he is no Owner of land but what exact rights he has I need to study. When you are ready with paper do buzz me personal message , Show me documents on Whats APP then I will tell .

Proper Judgement too require to be seen , Appeal time is only 30 days , from date of decree so move fast

Kishor Mehta (Expert) 13 July 2016
Sir,
You may prefer an appeal within the time limit..
Good luck,
Kishor Mehta

Rajendra K Goyal (Expert) 15 July 2016
Agree with the expert Kishor Mehta.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries