We are tenants since 1962 of a landlord who was a lessee of a property lease valid for 99years. On may 2017 the said landlord surrendered her lease to another lessee and this new leesse has obtained an eviction degree against us claiming us to be tress passers . Now the eviction court has agreed to stay the decision until the matter is heard as a chamber application. Provided the occupants pay occupational charge at the tune of 2lakhs. Now i need to understand what happens to this occupational charge if we lose? Further can we go for an appeal at another court if yes which one and what are our prospects?
After we appeal and in case we lose the appeal can we come back to the executive court to deposit the occupational charge and get a stay? And what is a chamber application?please advise the matter is at calcutta high court.
Asked 11 months ago in Property Law from Kolkata, West Bengal
You can file appeal against order directing you to pay occupational charges of Rs 2 lakhs . If you lose deposit the charges
2) if you lose the case on merits you would not get refund of Rs 2 lakhs paid by you
3) you can file appeal against dismissal of your case
4) we cannot say what would be your prospects in appeal unless we go through impugned order passed by trial court
5) This document is a summons used to bring an existing legal action before the court for orders that are designed to ready the action for hearing. These may also be known as a chamber summons or application and are generally supported by affidavits
1. The order can be further challenged in the High Court.
2. If you lose then also you may not be entitled to recover the occupational charge as the court may award mesne profits.
3. Unless all documents/pleadings are perused it is not possible to state what are the chances.
1. Have you not paid rent for a long time?
2. Who had actually filed the evictioin suit against you and when?
3. If you pay the occup[ational charge to attend the chamber hearing and then loose the case, you won't get back the said occupational charge pqid by you.
4. You can appeal against the said order of the eviction court informing the eviction court about the said appeal with a request to keep the hearing pending till the appeal is disposed of and in case you loose your case in the Appellate Court, you can come back to your eviuction court and contest the matter.
A proepr advice cna be given if you show allthe papers and order passed therein.
Any order passed by a court can be challenged before the higher court till it reaches supreme court.
If you are from kolkata you may feel free to meet me with papers.
What is a chamber application? What does it signify
Asked 11 months ago
Application made before judge for necessary orders
This is an interlocutory application.
1.Chamber applications are applications which are heard by the Judge in his/her chamber and not in the Court room.
2. Chamber applications are ordinarily ordered to clear of technical mistakes of the case and ensuring that all technicalities required to be fulfilled in connection with the case has been complied with.
If you don't want to agree for chambers hearing procedure then you don't have to pay the prescribed fee. You can prefer an appeal.
The prescribed fee is not a guarantee for a favorable decision in your favour.
The favorable decision in appeal cannot be predicted.
You cannot revoke the provisions of chambers hearing after the dismissal of appeal.