If the order of possession is passed by Court of Junior Division, Pune, an appeal against same lies to Civil Judge, Senior Division, Pune. Limitation for filing such appeal is 30 days.
Pagri property possession - appeal period
I have been granted possession of a residential pagri flat as I am the landlord. After receiving the possession order from the court is there any appeal period for the tenant/ legal heir and if so what is the duration? Is it 90 days or 5 years as per law?
Asked 3 years ago in Property Law
Religion: Hindu
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8 Answers
I have the possession for 8 months . No legal heir has come forward to claim and there is old belonging in the house. Can I clear the belonging and put the premise on rent ? Can a legal heir come to claim belongings or flat in future or appeal in court
Asked 3 years ago
If you have address of tenant, issue a notice to him to clear his belongings within one week, warning it will be auctioned and money and his money will be kept in your account, he can collect the same after paying rent for 8 months and expenses for auction.
If tenant is aggrieved by impugned other he must file appeal within period of 90 days
issue notice to tenant to collect his belongings within period of 15 days of receipt of notice
don’t dispose of belongings without court orders
If the court has given possession and there was no restrain order from an appellate court, then it is deemed that the appeal period has expired.
If the opposite party was aggrieved by the trial court's order, then he should have file an appeal within 30 days from the date of the orders,
You can issue a legal notice to the concerned party instructing him to vacate the property by removing all those items lying in the property within a time stipulated in the notice, if he fails to collect his items you can remove them and keep it outside after which you can proceed to occupy the property.
As a matter of fact if it was through a court process then you would have been given possession of the property vacant property.
- The limitation period for filing appeal against an order /judgement is limited to 90 days from the date of passing the said order.
- However, you should check the passed order of the court for the same , as sometime the court give more time to vacate the premises.
- Since, you already got possession , and 90 days period is passed, then the appeal period already expired and you can give that premises on rent.
- You can move an application before the said court for an inventory of the tenants items lying there.
- Further, you can also send a legal notice to the said tenant if you know the current address , to remove the items lying there.
30 days. You can give it on rent after 30 days if you don't receive any notice,
