We have rented our Warehouse to a family friend for 5 years in 2011 for 5 years and being a family Friend we didn’t register the agreement only did a Notary.( our biggest mistake ) 3 years all went ok but since mid 2014 they stopped paying the rent and delayed even after our many reminder and refuse to even vacate the place. In 2016 when the agreement expired we sent them a legal notice to pay the rent and vacate the place peacefully which went unheard .. finally no choice we took them to court in 2017. For 4-5 hearings there was no representation from thier side And when the court send them a notice to appear or they will pass a third party judgement in our favour thier lawyer showed up claiming they never got any earlier notices. The next few hearing they made false claims and arguments based on all lies that they had purchased the space from us paying us a cehque of Rs 25 lacs which was never encased as we never received it. All just delaying tactics. In Jan 2019 thier lawyer says party wants to settle but it’s 3 hearing have passed and thier lawyer has not showed up.its our 4th hearing now in 2019 in coming week. Now it’s over 2 years the court is just giving us dates even when the case is weak and they have offered to settle (verbally in court) We would like to know how to we tackle this case as clearing the party doesn’t want to settle they are just wasting time and magistrate just give us a new date.
1. you must have filed the case in small causes court?
2. it is extremely slow and takes years to resolve
3. you will have to take out an interim application in your suit for urgent listing of matter for hearing
4. your lawyer needs to devise a strategy for early listing and hearing like property is under threat of being wasted or the defendant causing damage to property.
5. only then will the case move
1) inform the court that settlement talks have failed to proceed with trial
2) object to any adjournment being granted
3) request court to direct defendants to pay costs for adjournment
Dear Client,
Better refuse in court for any outside settlement and request for early disposal. You have strong case and first ask the court to order payment of rent, tenant cannot refuse to pay rent during trail. And whatever allegations they have made, have to prove. Without evidence, no claim will survive.
And competency of advocate is also the reason.
magistrate just give us a new date.- Why don`t your advocate objects, court cannot adjourn the mater on request defendant all the time.
Why don't you press for an exparte decree in your favor in court? Ars you represented vin court by a competent lawyer? You must appoint a competent lawyer.. I'm prepared to represent you in court as your advocate. I'm based in Mumbai/Navi Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation.
See if this time there lawyer fails to appear file an application before court to close there right at the stage matter is and proceed ex-parte further.
In this case court should pass exparte decree of eviction. If not passed you can go to higher court for taking direction for passing exparte decree
Hello,
if they do not appear the ask your lawyer to file an application for passing ex parte order.
if there is a delay on part of the court then you may approach the HC under article 227 and may ask the court to pass a direction so that the case is completed in a time bound manner efficaciously.
Regards
1. Well civil suit does take time.
2. Since they are defaulter in payment of rent and you have filed suit , in all probability on the ground of bona fide need then passing of decree is a forgone conclusion. Sk the relief of 'mesne profit' as well so they are forced to pay the price for using your property so long.
3. To expedite the suit file a revision in the high court for direction of speedy trial.
you should inform to court that Settlement has been failed so please pass the orders in your favour. you can also request to court pass the expartee order.
Dear
The best option in current situation is to continue with the case so that court will order their eviction from the property and order them to pay the rent with interest to you.
We had another Court hearing(I thinks it’s # 15) and as usual thier lawyer showed up and made excuses as to why they could not do settle as his client was travelling and other vague excuses. They claimed in the court that before the next hearing which is set in August end settlement will be done . It’s clearly just delaying tactics and their lawyer also feels that there is no case but the client is taking advantage of our Judiciary system. We are sure there will be no feedback from thier side and a new date will be given on the next hearing .. we respect our judiciary but I think 15 hearing for a no case is waste of time and public money .. advice what steps to be taken as this can go on forever
I have already told you what needs to be done. Why the follow up question?
Your lawyer should have objected for adjournment
2) insisted on payment of costs
Dear
You should just make an application in court that other party is just delaying the court hearing by providing fake evidences and reasons
You need to proceed as per advice given.
See you can object on giving next date but at this stage if any slight possibility of settlement can wait till august.
What your advocate is doing, why not he/she vehemently objects ?
File a petition under art 227 before the HC and get the case expedited
first of all if you have an agreement then it is good and if it unregistered then it is not a big impediment to your case. dont worry about it as it is admissible in court.
if they are taking date for settlement then make sure that it is mentioned in the court proceedings.
if they are taking dates then you dont stop and continue with your proceedings. means if your evidence is going on then complete your evidence. if their evidence is required then ask court to continue with the proceedings. if you will put pressure on the judge then he will not give dates. engage a stronger advocate or clearly tell your advocate not to take dates. sometimes it is required to accept a date given by judge but when it becomes routine then you can object.
hope that the above advice will help you.
Good Luck
gopender M gupta
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