ashu kumar (manager) 25 September 2011

Experts please help on filiing appeal

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 ARE 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

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2 Replies

Md Zaryab J Rizvi (Principal Partner) 26 September 2011

Dear Mr Ashu,

The grounds of your appeal cannot go beyond your pleas before the Lower Court and shall largely be made in the same premise. As per the information provided by you, your case has been disposed off by the court on the ground of concealment and misrepresentation of facts.

You have a decent case, I am not sure what stand you took in your rejoinder with regards to the allegations of your tenant. It appears to be established that since the termination of the one year lease which should have expired in 1996, the said shop was never been given on rent and was used as part of your home. The plea stands good if contested properly. It has been over 15 years that the nature of use of that portion of your property (earlier the other shop) has been changed and is used domestically.

You cannot take a false plea before court that you did not have another shop. But the fact of the matter is that there is no existing shop at that place in the present year. The said shop as per my understanding was made part of the house 15 years back. That even the tenant after best efforts could produce a rent agreement which is 16 years old.

You should emphasise on the fact that there was no concealment of facts or misrepresentation of facts. The true position of the said shop shall also be detailed so that there is no doubt before the Appellate court. It is your shop and you are entitled to use it for your personal use.

Hope your query is answered.

Regards,

Zaryab Rizvi

Advocate - Delhi

0-99997-84700

ashu kumar (manager) 26 September 2011

thanks for your comments RIZVI sir.

i want to know after winning the case, our tenant, which boosted his morale he has changed his work. which is the direct violation of agreement.rent deed. what should we do now. can we mention this violation in our appeal. also he has changed the furniture of the shop.

thanks