An Ejectment Suit under West Bengal Premises Tenancy Act under Section 6 was filed in 2014 for eviction of tenant who has been residing on our premises for the last 30 years or so. They have not paid rent for the last 10 years or so and that too a paltry sum of Rs. 400 pm.
The current status of the case is that 3 interim orders have been passed. The latest order is that
"The plaintiff’s petition u/s 7 (3) of W.B.P.T. ACT is taken up for passing order. As it is found that the defendant has not complied the order passed by this court in connection with petition u/s 7 (2) of W.B.P.T. ACT so the defence of the defendant is liable to be struck off.
Hence, it is Ordered that the plaintiff’s petition u/s 7 (3) of W.B.P.T. ACT is hereby allowed and the defendant’s defence against delivery of possession is hereby struck off.
To 24/03/2020 framing of issues."
The case has moved into ex-parte situation as they had never appeared in court.
My question is that when they are summoned before passing final order and court decree, is it possible for the tenant to re-appeal or extend this case further?
Or do we have a good chance of getting the court decree and then execution order?
When can we be sure that we will be able to evict them?
It is most unfortunate that a case filed for eviction, issues were (?) framed on 24-03-2020. When the issues were not stated as famed , there was no trial and arguments, it is pre-mature to go for further appeals. As the case is being handled by a competent advocate he can guide you further on your questions is it possible for the tenant to re-appeal or extend this case further? Or do we have a good chance of getting the court decree and then execution order? When can we be sure that we will be able to evict them?
Members are not aware of facts and written statements filed etc., and any attempt to answer your query amounts to "speculation".
