Stay on civil execution, cpc, tenant-landlord
Faiz
(Querist) 07 April 2013
This query is : Resolved
Some landlord (and owner) filed a case of eviction against its tenant on the ground of personal neccesity which was decreed and eviction is ordered by the court. DJ confirms the rent court's order.
Tenant got a stay on execution from Allahabad HC.
Now I found out that the property in dispute is mine. My ancestors had purchased this property back in 1916. I found the original sale deed.
Landlord claims to be the owner of the same property by virtue of a registered sale deed of 1969 by some unknown person.
I am 100 percent sure that we never sold this property to anyone.
Once a stay is from HC is vacated and landlord is given possession i will have a long legal battle to fight.
Some suggest me to file an application under Order 1 rule 10. But, CAN A RENT COURT (Small cause) CAN DECIDE A TITLE?
Wouldnt limitaton be hurdle when i challenge the sale deed of 1964 ?
HOW CAN I OR THE TENANT GET A STAY ON THIS EXECUTION?
Please suggest a remedy that can delay or stay the execution procceeding for now and subsequently i get the property back.
Thanks & regards
Faiz
Devajyoti Barman
(Expert) 08 April 2013
You are right the rent Court can not decide on title on third party.
It can though decide title of landlord with regard to tenant only.
File a declaratory suit separately for necessary relief.
Adv k . mahesh
(Expert) 08 April 2013
and also mention about the eviction case and the stay from high court in this suit
prabhakar singh
(Expert) 08 April 2013
You need to file an independent title suit against the plaintiff of the SCC suit on the basis of the deed you have of 1916.
You need not take notice of his deed of 1969.It would be he to prove how his vendor acquired title.
Better first enquire sub registrar's record to ascertain if any one from your family sold it to someone or not.
Faiz
(Querist) 08 April 2013
Dear all experts,
Thanks for your responses.
Mr. Singh, I understand that i need to file an independent title suit on plaintiff / landlord.
Tenant who has already lost battle in court is now ready to purchase this property but from the "real owner"
But:
- How to get stay on execution procceding which is in force? HC has only temporarily stayed it.
- How do i show knowledge of litigation between tenant & landlord?
- Can the tenant file an objection against the execution? How? by writ in HC or in the executing court?
(I have thoroughly checked at sub registrar's office and found no sale deed by us).
Raj Kumar Makkad
(Expert) 08 April 2013
Executing court cannot go behind the decree so better to challenge it by way of a fresh suit.
