Suit decreed

KETAN J SHAH (Querist) 17 October 2016 This query is : Resolved
Respected Sirs
i am the Landlord of a property in Ghatkopar Mumbai. I had filed a eviction suit against my Tenant who is a Hospital and it is pvt ltd Co and the handled by two directors. The suit was filed for illegal additions/alterations carried out in the premises without the consent of BMC or myself. The suit was decreed in Aug 2016 and the order was to vacate the premises within one month. However the director asked for stay to the order but it was not allowed and he filed a appeal in appalate court.
Now I want to know the following things. I as the Landlord has won the case so now if the other party files an appeal who will bear my legal cost.I have filed the valuation report of the property at market Rate and the Ltd Co has filed at Ready Recknor Rate then which value would be taken for depositing the money in the court.
The suit was filed on the grounds of addition/alterations in the premises which caused heavy sepage of water in the Ground floor premises. Now after the suit decreed the same cause has started but this time the leakage is more severe compared to last time. All the complaint letter from the Ground floor tenant who is a nati0onalised Bank along with the photographs showing the extent of damage to the property are filed along with my reply. Will the court take note of this and dismiss the appeal.
You are requested to give advice and opinion.
Thanking you in advance

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Kunal Shah (Expert) 19 October 2016
Since the appeal has been filed and there is no stay, nothing stops you from filing a suit for execution.
However the tenant may and must have filed an application for stay of execution before the Appellate Court.
See since the decree is for eviction the court would normally stay the execution because Dispossession, during the pendency of an appeal of a party in possession, is generally considered to be 'substantial loss' to the party applying for stay of execution.
However the Court would ensure that you are not completely deprived of your fruits as a judgment creditor, therefore what the Court would do is that it would direct the tenant to furnish certain security as a condition precedent to the grant of order of stay.
Once a decree for possession has been passed and execution is delayed depriving the judgment- creditor of the fruits of decree, by order of stay, it is necessary for the Court to pass appropriate orders so that reasonable mesne profits which may be equivalent to the market rent is paid by a person who is holding over the property. (1999) 2 SCC 325.
Therefore depending upon the prevalent market rent the Court may order for deposit of certain amount as would be determined by the Court to be deposited as a condition precedent for granting of stay.
and it is you who will have to bear the cost in Appeal unless the costs are directed to be paid by the tenants

Kunal Shah (Expert) 19 October 2016
Hope this helps you

Ms.Usha Kapoor (Expert) 19 October 2016
Agree WITH Mr.kUNAL SHAH.

Guest (Expert) 19 October 2016
Agree with Kunal Shah.

Rajendra K Goyal (Expert) 19 October 2016
You said:

However the director asked for stay to the order but it was not allowed and he filed a appeal in appalate court.

Reply : File execution of the decree,if no stay exist.

You said:

now if the other party files an appeal who will bear my legal cost.I have filed the valuation report of the property at market Rate and the Ltd Co has filed at Ready Recknor Rate then which value would be taken for depositing the money in the court.

Reply: You have to bear your legal expenses, in final orders court may order on cost. Value based on circle rate may be considered.

You said:

Now after the suit decreed the same cause has started but this time the leakage is more severe compared to last time. All the complaint letter from the Ground floor tenant who is a nati0onalised Bank along with the photographs showing the extent of damage to the property are filed along with my reply. Will the court take note of this and dismiss the appeal.

Reply:

May pray court for immediate orders for seepage repairs.

Suit decreed

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