Rahul 20 January 2022

appeal allowed by civil court

Required suggestions please.

I was filed case in small cause court to evict tenant with reason of my Bonafide need for my son to start business as he was grown up.
and my evidence was done and tenant and his advocate did not appear to cross examination even after giving two chance by small cause court and court had given judgment to vacate the shop.

and tenant filed the appeal in the district court.
District court has allowed tenant appeal with reason that " In plaint there is casual statement to effect that son of the plaintiff is grown up and to settle his son, plaintiff urgently required suit shop and even the name of his son and nature of business which son of plaintiff intended to start is not disclosed."

kindly suggest what is to be done now to vacate the shop as already 9 years passed and district court has given such judgement . I am very much upset about judicial system.

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4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 21 January 2022

Querry is repeated here

Anaita Vas 21 January 2022

After establishing the grounds for the eviction, the following procedure needs to be followed:

Stage I - Send a Notice to the Tenant to Vacate: An eviction notice needs to be filed in a court under the appropriate jurisdiction mentioning the reason for eviction and the time and date by which the tenant has to vacate the property and is then sent to the tenant to vacate the rental property. You must give a reasonable time to the tenant to vacate the rented property. In the majority of cases, the tenants leave the rented premises after receiving a legal notice from the court.

Stage II - File an Eviction Suit: The tenant may refuse to vacate the rented property after receiving the court’s eviction notice and contest the eviction. In this case, you can hire a rental property lawyer to file an eviction suit against the tenant. The suit for eviction of the tenant is filed in a civil court under whose jurisdiction the rented property is situated.

Stage III - Final Eviction Notice: The court hears both sides and issues a final legal notice for eviction for the tenant based on the arguments and evidence present. The tenant has to vacate the rented property once the court sends the final eviction notice.

Regards,

Anaita Vas

Shweta 22 January 2022

Hey Anaita, could you please elaborate a little?

Thanks!

Anaita Vas 22 January 2022

The following method must be performed upon demonstrating the basis for eviction:

Step 1: Issue a Notification to Evict to the Tenant: An eviction notice must be issued in a competent court, stating the basis for eviction as well as the timestamp by which the tenant must leave the premises, and it must then be mailed to the renter. You need to provide the tenant with a fair amount of time to quit the rental unit. After getting a formal notice from the court, the tenants in the majority of cases vacate the leased property.

Step 2: File an Eviction Suit: Upon obtaining the court's eviction order, the tenant may decline to depart the rental unit and initiate an eviction lawsuit. You might employ a rental property attorney to launch an eviction claim against the renter in this situation. The tenant's eviction lawsuit is filed in the civil court that has authority over the rental unit.

Step 3 - Permanent Eviction Notice: The court hears the parties and, depending on the facts and arguments presented, provides a permanent court summons of eviction for the tenant. Once the court issues the ultimate eviction order, the tenant must leave the rental property.

Regards,

Anaita Vas