1) disposal depends upon pendency of cases in trial court
2) if you obtain exparte decree you can take out execution proceedings for eviction of tenant
3) if you are senior citizen you can seek expedited hearing of your case
Tenant and past owner shop crises
Hello I have a residential ground floor which is purchased from A by a registered SALE DEED in registrar office & was rented to B registered agreement was made of 5 years. 2017-2022 My tenant B along with A , has defaulted his rent from 1 year 10 months , I filed a case in the local court and he never appeared for the dates. The case has just gone to EX PARTE & we are moving to evidence trail this coming month. It was a long process. I want to know how long will it take in a city like DELHI ? and can the previous owner A along with my tenant, create more trouble once this case is closed? How can i expidate the case? I will not change the lawyer as he is a family reference. Please explain technical grounds over the possession and details of how the past owner can trouble me despite me having all papers etc and how can i save myself. Also how long is the rest process
Asked 6 years ago in Property Law
Religion: Hindu
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19 Answers
See if the court noticed are several and then also they failed to appear the court will order eviction and arrears of rent as prayed by you before the court. In case after order he fails to give you possession you have to file execution of order of the court.
Past owner has no.right on property he cannot trouble you.
He can just challenge the exparte order but the options are limited as he needs to prove that he was having no knowledge of the case or if had knowledge sufficient cause for not attending the proceedings
Against A you can file FIR for any nuisance and trespass commits by A.
B can be evicted by order of court. For expedient trail, competence of advocate also matters. You will submit affidavit, no cross. And court will pass order for eviction. Serve the copy to B still not vacate, file execution petition.
1. Since you have purchased property from "A" via registered Sale Deed, THEN "A" has no legal jurisdiction to interfere and neither the court will entertain any of his grievances etc.... (unless "A" is also a joint Tenant).
2. Eviction Suit against "B", is in progress and would result in your favor, PROVIDED you have all the documentary evidences & witnesses relating to the Rental documents.
3. Nothing in court can be expiated due to chronic backlog of such cases all over India. However IF represented properly, THEN you would be able to get an Court order, say within 2-4 years from filing the suit.
4. IF you suspect some fraud, mischief, trespass by "A" or "B", THEN You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, trespass, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting Documents & Witnesses. This additionally can be done while the Civil case is going on.
5. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
What is the previous owner doing in this property when he had already sold this property by a registered sale deed to you?
The B is the tenant and you have already got an exparte order against him, now after deposing your evidence the court will pass exparte judgment after which you can file an execution petition if B is not filing any petition to set aside the exparte judgment within one month from the date of the exparte judgment against him.
Your vendor cannot interfere in your possession and enjoyment of the property and if he does, you may file a criminal complaint against him.
The case with not take more than 6 months. We can suggest you only the legal way. Best of luck
Hello all. Thanks for your kind response. It takes a lot to type and reply. My last question is now the date for producing evedance for EX PARTE is 10th Dec , which has come up from oct 10th. How can i ask the judge to give shorter dates? he doesnt even talk to us during hearing. Also , can i expidate it by taking this to local police station or breaking the lock while the case is going on?
Asked 6 years ago
courts are over burdened with cases . hence not possible to get short dates
2) you cannot take law into your hands by breaking the lock
Once the court has adjourned the matter to some date you cannot get an advance date, without filing an application and an affidavit giving convincing reasons to advance the hearing date.
A copy of this application has to be sent to the respondent for recording his objection to this and court will pass an order only after hearing both the sides.
Moreover you cannot break open the lock without a permission from court.
See your lawyer can request the shorter dates.from.the court though court allot dates as per it's schedule.
I would not advise you to break locks also police without court order shall not help in this citing it as civil matter.
Ex-parte suits don't take much time to reach conclusion.
Judge will not give longer date in Ex-parte proceedings.
your advocate can pray before judge to give shorter dates.
its not good decision without permission from court.
You can request him for short date explaining your position and then if not satisfactory file revision
Hello. Thanks for your response. the court has disposed the case stating UNCONTESTED EXPARTE and passed the judgment in our favour. Now my lawyer says to file the execution after 30 days of this order to seek local police to give me the possession of the property . My questions are below 1. How much time does execution take? 2. Can the tenant cause a disruption of this after 30 days of the order too? like wise when i go there for lock breaking can he stop us legally? 3. the tenant has joined hands with the previous owner and says he will file a registry false claim and drag the matter more also threatens to impose false cases on my relatives in that area as he is a local and bad influenced. Please answer to the above queries.
Asked 6 years ago
Since no protest, EP will decide in couple of months.
You have order, break the lock and take possession. Video graphed it. No body is protesting to recover possession. Why filling EP.
You have sale deed, valid proof of title. Tenant has no right to challenge your sale deed. And A cannot challenged it.
1) execution proceedings may take 6 months or so at least
2) he can file appeal against exparte order and seek stay of execution proceedings
3) no need to bow down to pressure tactics
1. See execution can take some time like 2-3 months court shall issue notice if on same the said person is not coming and following order court may order police and authority to hand over the possession.
2. See if he challenges the exparte order and seek.stay on execution then only he can stop you.
3. See as far as false case are concerned same cannot be predicted since now you rightful order you can execute same.
1. You may follow the advise of your advocate on this by waiting for one month from the date of exparte orders and then file execution petition.
The EP is also another case, hence it may also take at least one or two years depending on the circumstances.
2. If you have break open order from court then you can take the help of police through court for which the respondent can offer no resistance.
3. You may have to deal with him accordingly if he is indulging in illegal activities against you.
it maybe take approx 6 months.
if tenant appeal before court then you cannot break locks.
you can easily take care of your property against any false claim.
May be max 6 months.
Yes tenant can cause but court will take care
You don't worry about such false threats