Suit to tenant
hitesh daswani
(Querist) 04 October 2016
This query is : Resolved
In 2008 my father lend a shop for 6000 per month rent. In 2011 tenant refused to vacant the property then my father filed a case against him now case is in "Argument in preliminary issue" stage (as per national data grid) so now how much time it will take for judgement.
Thank you
Ms.Usha Kapoor
(Expert) 04 October 2016
minimum it takes 3 years to get disposed off.
Advocate M.Bhadra
(Expert) 04 October 2016
Eviction of tenant is lengthy process,to get final decree you have to wait, there is no specific time.
R.K Nanda
(Expert) 04 October 2016
Nothing to add more.
R.K Nanda
(Expert) 04 October 2016
Nothing to add more.
Guest
(Expert) 04 October 2016
Ram Jane!!!!!! ,
But if you get sincere Advocate you can move fast and finish in 3 years in subordinate court.
I remember one Marathi movie when you ask this question
"In that one Advocate tell his son you went and finish the case soon as fresher , how this will feed your stomach , on this case I did your complete college education and if you could have dragged more it would have fetched you monthly income for long period "
Jokes apart
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If you need to check whether things are going in right direction or/ not
I need some information from you
1) Contact me on messenger because i need to ask series of question , my gmail account is kmadhu786@gmail.com
2) Get certified copy of Rojnama of the suit , scan and sent after looking at Rojnama of the suit I can tell you what is real situation (Well Rojanma can be called Date sheet , what happened each date in the suit and recorded in court. If out of maharashtra then not sure what it is called you can ask your local adv. )
3) Get me Rojnaama then I can give opinion on your query about your suit
Guest
(Expert) 04 October 2016
Which preliminary issue is framed ?
Can you state preliminary issue framed by Court ?
P. Venu
(Expert) 04 October 2016
Your advocate alone can make any suggestion on this issue.
Rajendra K Goyal
(Expert) 04 October 2016
Such cases are time and cost consuming, if all goes well, may take 5-7 years or more.
Advocate M.Bhadra
(Expert) 04 October 2016
with reference to my earlier response please note that you can file a Revision Petition under article 227 of the Indian Constitution in High Court to get expedite order and for Speedy disposal of the suit,which is pending in lower court.
Provision:
Article 227 in The Constitution Of India 1949
* Power of superintendence over all courts by the High Court
(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction
(2) Without prejudice to the generality of the foregoing provisions, the High Court may
(a) call for returns from such courts;
(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and
(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts
(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made, forms prescribed or tables settled under clause ( 2 ) or clause ( 3 ) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor
(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces
Kumar Doab
(Expert) 04 October 2016
As suggested,discuss with your able counsel.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 04 October 2016
If shop is on rent it comes under rent Act PROVISONS.If matter is proceeds smoothly, 2 years ia the minimum time.
