Dear Sir, During the trial of the case the opposite party has filed a sublease document which was registered in the sub reg office in the year 2002.My case is in the high court right now.Recently i noticed that there is no lease amount specified, to whom it should be paid or within what time it should be paid nothing is mentioned in that lease document.Opposite party has prepared just for the case. Can i file a writ to cancel that sublease document after such a long time gap or shud i file a false claim against the opposite party? Please suggest also if there is any possibility of taking any criminal action, Thanks in advance
please advice what steps should be taken
1. I am sure the rent has been paid so far and within a certain time.
2. If that is so then non mentioning of fent in the lease deed is no more a ground to cancel the elsae deed.
3. It is not clear what is the nature of the case filed in high court or what is the relief sought for therein.
4. On this my further advice depends.
you should in your arguments before the HC draw attention of court to fact that in alleged lease agreement no amount is mentioned , period within payment is to be made is not mentioned
2) you should not file any writ to cancel the lease document nor take any further legal proceedings
3) the HC on perusal of sub lease agreement would negate the claim of sub lease as essential elements of lease are missing
What are the next steps taken in the case of opposite party getting a stay in high court against my trial court execution petition, should I have to go SLP .
What are the next steps taken in the case of opposite party getting a stay in high court against my trial court execution petition, should I have to go SLP .
1) wait for appeal to be disposed of
2) in case appeal is decided in favour of appellant file SLP before SC
In case any stay is granted you can file appeal before SC but it is better to let HC finally dispose of the appeal
Can i file a writ to cancel that sublease document after such a long time gap or shud i file a false claim against the opposite party? Please suggest also if there is any possibility of taking any criminal action, Thanks in advance
You have not stated that whether this sub-lease document was marked as an exhibit by the opposite party during the trial proceedings?
You have not stated that why your case is pending before high court?
You have not stated that what is the nature of suit yo have filed and what is the relief you have sought and the current status of the case.
The answers to the above question would have enabled me to give more proper opinion to your case and and also a better suggestion to handle and proceed in this matter.
However, without challenging the document before the trial court, put before the court by the opposite party, properly, you may not get any relief in the higher courts.
Further, in this no criminal case is maintainable.
please advice what steps should be taken
You can challenge the document and prove it to be fake and fabricated in the trial court itself while it is taken up for marking it as an exhibit.
What are the next steps taken in the case of opposite party getting a stay in high court against my trial court execution petition, should I have to go SLP .
You ave to file a counter to the stay petition and get it vacated on the grounds you rely upon.
SLP is not maintainable.
contact a local lawyer
2) act on his advice