Hello
I have filed a civil suit against a Redeveloper because my property was demolished in my absence when I was away for one day .
In a period of one year the new structure is almost constructed 11 floors. The civil case was filed in feb 2015 .
The builder's lawyer has raised issues (under section 9a of CPC) that I am tenant of tenant and cannot file a case.
Actually I am a tenant of a lessee and the lesse has given me consent to sign up with redeveloper for accomodation because I have settled the matter with lesse in the small causes court and filed consent terms and made payment to lessee.
But the redeveloper is trying to drive away my case in city civil court by raising the issue (section 9a of CPC), that I am not authorised to initiate a Notice of Motion because I am a tenant of tenant. I have rent receipts which I paid to the lesse but the rent receipts are of the earlier days.
What are the ways of dealing with this issue framed by the redeveloper's lawyer.
How can a tenant prove whether the owner/renter is a lessee/ tenant?
This issue raised under section 9a of CPC is depriving me of Orders from the court and also causing delay in judgment.
Lata
