validity of 1980 execution order by civil Court
Adv.Aiyer VLV
(Querist) 11 January 2014
This query is : Resolved
Currently wit Proton if Ford in hc in a case involving development authority and private erstwhille site owner and current owner and allottee
Civil Court case was decreed in favour of the erstwhile site owner. Execution petition disposed ordering restoration of portion of site taken over and laying Road.
The site in dispute has partly been given to current owner, partly Road, partly with another site, probably owned by erstwhile owner or relative (they were never suited). The road leads to one side owned by E owners wife.
This strange status had led to uncertainty. My client was to take on rent current owners building
1. VALIDITY OF Execution order, can this be implenented? To me it never expires. Once this is complied as ordered portion of building to be rented goes
2. For long time no action by dev. Authority, contempt is time barred. What action be against authority
3. Does current owner gets clear title in view of exercution order?
Thanks in advance to all replies.
Adv.Aiyer VLV
(Querist) 11 January 2014
A person putwrit p my client on notice that he has execution order from civil Court for a site which was owned by him, but taken by city improvement Trust board to be realloted.
But instead BDA made a layout and in his site made a road in between. Both side of Road went to 2 different sites. One to the east was given to owner of building my client wants to rent and invested lakhs in interior. To the West is a site owned by the claimant owner.
It seems about encroachment by bda he filled a case and decreed in claimant favour and execution order directed bda to remove encroachment and revert it to claimant. But till date no action taken to hand over or remove Road. This Road is leading to as way to only one other site which is owned by claimant's relation. Hence closing Road will not be issue
The landlord has also had possession for long time, built building incurring huge cost.
Now claimant writ is being heard in HC. Interim order for status quo was given then landlord objection that order affects private party vacated interim order.
Interim relief shows claim is strong.
Is execution be valid and upheld.
Is that final in law? After 33 years is there anyway this order be held wrong in writ?
Can HC reverse that after so many years?
Will client hiring premise be in danger of losing the showroom planted?
Landlord rights can it be upheld?
Devajyoti Barman
(Expert) 12 January 2014
Writ court has no power to modify or cancel the decree passed by the civil court.
Only Appellate court can do so.
Adv.Aiyer VLV
(Querist) 13 January 2014
Thanks mr.barman, so execution order will be law?
Landlord to surrender part of his.site despite long Possession and improvement?
This really proves y law is touch and unclear.
Adv.Aiyer VLV
(Querist) 19 January 2014
Kindly consider answring this question in full agains sirs, based on improved version of facts.
Thanks and regards
Advocate. Arunagiri
(Expert) 19 January 2014
Mr.Aiyer, the information given by you is confusing.
You use several names as parties, person, claimant, landlord, private party etc.
What is the prayer in suit and writ?
If you can give the clear facts, with year wise sequence, we can help you.
Adv.Aiyer VLV
(Querist) 24 January 2014
Dear Mr. Arunagiri.
to me it is clear.
Client - my client, who is becoming tenant with landlord
Claimant - the person who filed writ which is pending. NO suit is pending. EO done in 1980.
Landlord - the person who got portion of claimant land and who is letting out a portion of his building to my client.
Thanks
