Hi,
Indian Rent control court (RCC) procedings and the hearing process are to slow and moves slower than snail. Especialy the rural area courts either no appointed judge or cover person who is already loaded with 2 or 3 courts.
Personaly I HAVE LOST CONFIDENT ON RCC, Am an affected landloard living in overseas, one of my commercial property was rented by my father (rented for past 4 years with every 11 months contract), I have filled the court notice in Nov 2009 to convert as residential unit for my own use.
Since that court hearing was adjourned almost every 1- 2 months. My tenant did not appear to court for many hearings and in Feb 2011 court issue a Ex party (Deafulter) judgement favor to me. Since that my lawyer is processing the EP(Eviction pettiotion), quite closer to EP hearing, tenant submitted a lawyer notice to restart the case. Almost past 18 months he did not pay any rent to court, however judge accepted his notice and started the proceding, as usual one more time he did not turn to court, one more time in July 2012 the new judge issue a Exparty order for him to evict,..
Understand that tenant is trying to submit medical excuse to restart the case one more time,.. all along my case is still in sub-court only. In side track, tenant is demanding 10 lakhs to evict, since we did not agree, he has started to modify building and sun lease to many shops and converted the open area as car park. We got the High court stay to stop further buiding modification. However all his sub lease are not contracted and he claims all his business units.
My father already 80 plus and am in overseas. We are really helpless, though I have engaged a strong legal adviser, existing process oes not allow to move. If it goes in this speed most likely my grand son (am in mid 30's) may need to step in to resuce my asset. If any options to expedite the legal hearing kindly advice.
Sincerely,
Anand