Dear members,
I had filed an eviction suit before the rent control court at ernakulam in Mar 2010 after having exhausted all other peaceful possible avenues including arbitration by the society. The tenant has been staying since 2004 and refused to vacate when we had a bonafide need. Iam serving in the indian navy and posted to a place which does not have schooling facilities. My wife and sons are now studying at ernakulam and staying on rent in the same apartment blocks where we have our own flat.
A judgement in my favour was given by the rent control court ex parte since the tenant or his lawyer did not attend the court proceedings. After going through the motions of filing an execution petition, the delivery was ordered for 23 Jan 2011. However, the tenant has gone back to the high court seeking a stay and also to the rent control court seeking to set aside the ex parte order. the case is to come up on the 11 of feb. I would be greatful to the experts for their opinion on the following:-
(a) while the tenant should have filed to set aside the ex parte order after 15 days, he did so after 66 days. also, the tenant claims that there was a commn. gap between him and his lawyer.given these circumstances what is the probability of the order being set aside?
(b)irrespective of the judgement what should be my next step in order to close the case?
(c)Do i have to go through the process of execution once again?
would request Mr Bobby Mani T or any other lawyer in ernakulam to kindly reply to my queries.
thanks
