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ashu kumar (manager)     25 September 2011

Appeal against decision

Hello experts.

thanks for everyone who has been contributing on this amazing legal forum.i am desperately seeking an advice.

we own a house in haryana, on the front side of our house,near the entrance gate, there is a shop, which we rented out some 22 yrs back. in 2008 we filed a petition against our tenant for eviction under bonafide requirement.. landlord( my grand pa) needs that shop to start a business of cloth merchant for his own purpose..0N the back side of our house we had one another shop ,which we rented out for one yesr (in 1995).we made a rent deed also for that shop. then after got vacated we covered that shop in our house.now that shop is part of our house.. in our eviction petition we didnt mention that another shop and denying the existence of that shop. but in his plea, respondent showed the(year 95) rent deed of another shop and asserted that the landlord has another shop which he just covered the entrance of that shop with bricks. in order to merely show that he doesnt have any another shop to start his business.eventually the court rejected our plea for eviction on the ground of concealment of the fact that the landord was not come wih clean hands . he concealed the existence of another shop. but the truth is that another shop is just part of our house..we cant consider it a shop. NOW WE PLANNING TO APPEAL AGAINST THE DECISION IN SESSION COURT. MY QUESTION IS HOW LIKELY IS THE THINGS WILL IN FAVOUR OF US AND THE THINGS KEEP IN WHILE FILING AN APPEAL

THANKS AND REGARDS

ASHU



Learning

 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     25 September 2011

No one will presume that what the judge will pass judgement.  You have to try. It is not the point that you have got another shop so you are not entittle for another one.

ashu kumar (manager)     25 September 2011

experts please reply

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     25 September 2011

you have made the mistake , search old records which may prove your theory.

Anjuru Chandra Sekhar (Advocate )     25 September 2011

You may be having State specific Rental laws, so very difficult to comment, but it appears the judge made a wrong decision. Hopefully you will succeed in Sessions court.  Unless there is a clause in your agreement with the tenant that in case he is vacated, you will accommodate him in another shop in the same premises, no judge can rule against you.

Maninder (Shopper)     28 November 2011

in my opionion proove that (shop) part needed for residential purpose for this you may search ur old record such as map that was sectioned before construction from muncipal or convert that part for residential purpose in records .


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