Sumit (SA) 06 June 2011

Tenants appeal for stay

Hi,

I am from Kolkata. A tenant who has defaulted in paying rents in a lease-hold property in my fathers name had instituted a suit in the year 2005, challenging my fathers right as the landlord and stating that he is not a tenant with a plea for permanent injunction. During the pendency of the suit my father expired and myself, my brother and my mother was substituted as defendants. Now the trial court has dismissed the plaintiff's case as misconceived and not tenable.

I have filed a caveat in the sr. division court. Now is it possible for me to file for eviction during the pendency of the appeal? the tenant in question has defaulted in paying rents since Dec 2004. Also since the order is not of "Execution" nature, can the appellent be granted a stay on the trial courts dismissal order? Ourself(defendants) had not regsitered any suit during the course of trial.

Regards

Sumit

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2 Replies

G.Nagarajeshwar Rao (Advocate) 09 June 2011

Mr. Sumit! You can file a suit for eviction of your tenant. First, you issue a notice under section 106 of Transfer of Property Act, and you can ask for the ariers of rents. You may be noted that you can claim three years rents only as per law.

Sumit (SA) 20 June 2011

Hi, thanks - i understand that is because of the limitations act. But if my claim was held up due to the judicial process itself, then what should be the remedy?