Querist :
Anonymous
(Querist) 11 January 2012
This query is : Resolved
suit was filed on grounds of non payment of rent and subletting. sub tenants filed case against us seeking injuction to stay. their application was dismissed by court within 3months on our showing proof of their making rent payment to tenant.sub tenant after dismissal of their applicationvacated the portion they were using. tenantwas not making payment of rent to us. our suit against tenant is lingering on for the last 12months for want of tenant reply judge is giving him long adjournments after levying minor financial penality and saying this is last opportunity.we have proof he was receiving rent from sublette and was not paying rent to us. sub lette has handed over possession to us.suit filed by us is not being dealt properly.tenant has not paid rent even after suit was filed
Raj Kumar Makkad
(Expert) 11 January 2012
As you have now taken the possession of the shop so major problem has been solved. Now you require only the arrears of rent. This is not a big problem. Let the tenant come out with his version. This shall be beneficial for you. If his defence is struck off, this may also lead to ex-parte against him and you shall thereafter may not know whereabouts of such person for the execution, even if it occurs.
Your lawyer should insist that this is a summary procedure so no long hearing be given to him.
Querist :
Anonymous
(Querist) 12 January 2012
respected makkad ji,half portion of premises is vacated by sub tenant while half portion is still with tenant.judge is not strucking off tenant defence. he is not replying also. judge is giving long adjournments after levying minor financial penality. judge says he has to take tenat reply by all means. kindly advise what to get early justice
prabhakar singh
(Expert) 12 January 2012
Wait and watch ,your application has to be looked into.Keep on opposing.
Deepak Nair
(Expert) 12 January 2012
Agree with the experts.
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