If HC has dismissed your case appeal has to be filed by you before SC
It is necessary to peruse order passed by court to advice further
Possession of House rented from past 80 years
Dear Sir/ Madam, We are the tenant of house & shop in Wardha, Maharashtra from almost 80 years from the time of our Great Grand Parents (4 Generation), Now there is case going on in Nagpur High court for the possession of this property from last approximately 42 years & once we had received stay order in year 1974. After this decision by court, Owner of the property had filed case in the name of his Son for possession. Recently our case has dismissed by the court. This Case is running in the name of our Grand father, who is now 75 year old the only earning member in the entire family, Since His son ( my Father) is abnormal, We are the Family of 7 people, Grand Father ( Earning member), His Son ( My Father), Daughter in Law( my mother) & 4 Grand Children ( 3 Daughter & 1 son aged 12 years). Nowadays my grandfather is not keeping well. This house & the shop is the only mean of our earning. I am the eldest Grand Child of the tenant. Kindly guide us on the possession & if not at least for to get substitute against this property for lour livings. Since we are helpless ladies ( me & my mother).We ( Me & Mother) are fighting for this but not getting proper guidance. Since the owner has many political connections & the local lawyers we contacted are not guiding us properly. Kindly suggest on above matter. Awaiting your valuable responses. Thanks & Regards Amrin Lala +[deleted]
Asked 8 years ago in Property Law
Religion: Muslim
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6 Answers
1. As long as your grandfather is alive you can get yourself substituted. However you can obtain POA from him to manage the case on his behalf.
2 on his death your father would be substituted.However since is not mentally fit so apply for appointment of his legak guardian so on death of your grand-father the legalguardian can represzent your father on substitution.
first you should make some query about dismissal of case. it is dismiss on default then you can file a recall application and restore your case. if it is dismissed by the court on merit then you can file an appeal if decision is pronounced by a single judge.
Dear Sirs, Thanks for your suggestion, further I want to brief you all more about the case. We were living in this house from past 80 years & our house owner never lived in this house as He is from Mumbai, Since the house + shop is in the market place owner want possession. As I told before We ( Me & My mother ) are have to involved in this case as my Grand Father is not keeping well because of this our all earning is stopped now. Based on this is there any chance that we can file separate case on behalf of my mother asking for substitute. Also Sirs, please note that High court already given order before 6 months for emptying the house & we have appealled this decision that time & now before 2 days the our appeal has been dismissed by HC. As per your suggestion if we want to go for SC then what will be the approximate cost. Also according to you what final results does Supreme court/ HC gives in this situation, please brief on this. Our house owner already filed a case asking for 1 lacs/month rent which is running in Wardha,district court. Is there any option in Lok Adalat that I can filed case on behalf of my mother & asking for dismissal of this case ( running in district court) & also asking for the substitute or compensation so that we can do something to earn for our bread & butter. Kindly suggest on above matter. Awaiting your valuable responses. Thanks & Regards Amrin Lala +[deleted]
Asked 8 years ago
As the case has been decided against you, you have no other option than to prefer an appeal on the grounds that you rely upon.
You should always remember one fct that a tenant is always a tenant and cannot become the owner of the building even if he has possession for 100 years.
You may have to look for an alternative accommodation if the appeal is also dismissed.
In my opinion, you may not get a favorable decision even if you prefer an appeal before cupreme court.
You may get a relief of extension of time by another 6 months to vacate the premises.
So better think of other alternatives.
In fct your mother or even your father cannot claim even the tenancy rights becasue your grandfather who is still alive is the tenant and anything for that matter has to be done by him alone.
42 years of litigation is a bit too long and you should be happy that you were able to keep possession of the disputed property for 42 long years.
Legal fees vary depending upon lawyer engaged by you
2) chances of success are bleak in SC
3) case of landlord demanding rentals would not be dismissed
4) you will have to vacate the premises