Action on a advocate

I understand and feel that the tenant is an advocate. Please do not mix both of them together. What you need to understand is that if the tenant has breached his terms of tenancy then and only then you can take action regardless who he may be. Please do not mix his profession and try to demean him if he has not defaulted. if the eviction order has been issued by the court then you need to follow this through to enforcement. If he has appealed on the order then you need to deal with it. he could be appealing on the basis that the eviction order was wrong in the sense that he has not paid the rent because at the same time some repairs were not done to the building or the place he is staying in. remember he has a right to appeal.

If the eviction order was issued then you should ask the court to pursue this further. The tenant has appealed against it, this means he has to produce evidence to that effect otherwise your order is still current. alternatively you should have the necessary evidence to prove that the tenant has breached his terms of tenancy. I believe this is the case that's why the court has ordered the eviction notice. KS Johal ksinghjohal@yahoo.co.uk

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In the matter narrated by you, there are two different aspects involved - the primary aspect being that the tenant is not vacating the premises in spite of the decree of the trial court. Though the tenant has preferred an appeal, the matter is yet to be heard. So in case you require immediate possession, you can opt to file an execution petition along with an application under S 151 of CPC seeking for dispensing with notice to Judgment Debtor and seeking for issuance of delivery warrant.

So far as the fact that the tenant happens to be an advocate is concerned, in the instant case, he is acting in his personal capacity and not in his professional capacity as an advocate. Hence, no law governing the professional conduct of advocates can be cast upon him and as a result of which, complaining to either the Bar Association, Bar Council, Supreme Court etc., will not yeild any fruitful results.