bharat khatwani 15 December 2024

Is section 209 applicable?

This case illustrates how a shrewd tenant’s lawyer, an ineffective (or perhaps complicit) landlord’s advocate, and an indifferent judiciary have contributed to the stagnation of justice. In 2017, a landlord filed an eviction case against a tenant. The tenant disputed the eviction, presenting a purported sale agreement from 2000 that was neither stamped nor registered, as primary evidence. To bolster this weak claim, the tenant also produced repair bills as secondary evidence, alleging ownership of the property. The landlord’s advocate failed to challenge the admissibility and validity of these documents, allowing the court to grant interim relief to the tenant. Since then, the case has languished due to repeated adjournments IN INTEREST OF JUSTICE!!!, with no resolution in sight. This situation highlights the systemic inefficiencies that undermine the principles of justice and fairness in legal proceedings.

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T. Kalaiselvan, Advocate (Advocate) 15 December 2024

What is your query?

The case is going on and it is usual that the court cases take long time for disposal for various reasons.

bharat khatwani 15 December 2024

In reference to my earlier post regarding a 2017 eviction case, where the tenant produced an unstamped and unregistered sale agreement and repair bills as evidence of ownership, I have some specific questions that require clarity and legal insights: Advocate’s Responsibility: Given that the landlord’s advocate failed to object to the inadmissible evidence (sale agreement and repair bills), does this constitute professional negligence? Can the landlord initiate action against the advocate for failing to uphold their duty of care and jeopardizing the case? Judicial Accountability: Despite the tenant presenting invalid documents, the court granted interim relief (IR). Are there precedents or provisions in law that can be invoked to challenge or vacate such interim orders granted based on inadmissible evidence? What steps can be taken to hold the judiciary accountable for allowing excessive adjournments that have prolonged the case unnecessarily? Expediting Proceedings: What remedies are available to the landlord to expedite the case? Can the landlord file an application for early hearing or invoke any provisions under the Civil Procedure Code (CPC) to address delays? Are there any legal provisions to penalize parties for using procedural tactics to delay justice? Misuse of Interim Relief: How can the misuse of interim relief (granted without proper scrutiny of evidence) be addressed in the judicial process? Is there scope to file a review or revision petition to revisit the interim order after so much time has passed? Broader Systemic Issues: Are there ongoing efforts or precedents that address the systemic issue of advocates submitting inadmissible or fraudulent documents to courts without facing consequences? How can one push for reforms to reduce such inefficiencies and ensure greater accountability among legal practitioners and the judiciary? Request for Practical Advice: While I understand that delays in the legal system are common, the focus here is on addressing the procedural lapses, advocate negligence, and misuse of judicial discretion. I would appreciate actionable advice on how the landlord can protect their interests and bring this case to a fair resolution. Thank you in advance for your time and expertise!

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Is section 209 applicable?

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