• Flat ownerships changed for rented flat

We have rented a flat 3 years back but this year in March, one guy (son in law of owner) came and asked us to pay rent him instead of earlier owner. We asked him to give new rental agreement and we signed it. But he didn't provide the signed copy of rental agreement after asking multiple times (emails). So we decided to change flat but he wasn't ready to give us the advance amount. We stayed for five months to consume the advance and move on. Today while shifting he came and said we can't vacate without settlement and we have to pay the rent ( less than advance amount). He showed us the court order of 20th july that we can not leave.
Asked 7 years ago in Civil Law

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6 Answers

1)contact a local lawyer and check whether any such order has been passed by court

2) court would not have passed ex parte orders

3) generally when suit is filed court insists on service to Defendant and after hearing both parties passes interim orders

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

There could be no Court order restraining you from vacating the property in accordance with law, which was previously rented by you. Please shed some light on the contents of that order.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

1. that order is void because court cannot pass such order if petitioner (who has taken this order from the court) is not a party in rent agreement.

2. you should file a revision and challenge the order or file an objection before the same court who has passed this order for cancellation of this order and dismissal of petition in which this order has passed.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Get the details of the court order Dt: 20/07/2017 and seek out further in dept opinion from an advocate. Or share the order in this forum so a proper advice can be garnered.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

1) you can shift your luggage

2) if landlord is refusing to permit you to shift and there are court orders passed restraining you from shifting better contact local lawyer and obtain directions from court

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

Today while shifting he came and said we can't vacate without settlement and we have to pay the rent ( less than advance amount). He showed us the court order of 20th july that we can not leave.

A court order restricting you from leaving the tenanted premises without any information to you is a myth or may be a document created by him.

Have you verified the veracity of the papers produced by them

Do you have the receipt for the advance paid by you.

Have you verified that if he is owner of the property

He may be a son in law, but whether the property is lying on his name or not?

You can consult a local lawyer on further issues.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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