Sir,
We lost the eviction case against our landlord (RCOP in 20010. RCA in 2014, CRP in 2016). In CRP we submitted a registered sale agreement which clearly shows that the landlord is trying to sell the property for higher profit, but still we lost the case. Then as per our lawyer’s advise filed SLP in supreme court, but it got dismissed in the admission day itself stating “no merit”. My questions are
1) Is filing SLP is right or we should have filed any other petition against the CRP judgment (some say that SLP is not appropriate for our case)
2) The SLP judgment says time limit of SIX MONTH GIVEN if “petitioner shall pay arrears of rent/damages, within four weeks from today, ii) The Petitioner will continue to pay current rent to the landlord; (iii) the Petitioner shall not create any third party interest on the suit premises. Needless to state that if the Petitioner fails to comply with all the terms of usual undertaking, he shall, in addition to all other legal proceedings, be liable for contempt of Court”
2) Are these conditions are normal? Because we are paying the contractual rent without fail, but there is a fair rent CRP case which may end at anytime also landlord filed RCOP for getting difference in contractual rent and fixed rent.
3)And what is the meaning of “should not create any third party interest on the suit premises?”
4)Should we accept these condition and Is there any other way to appeal against this order?
{{landlord winning every case by means of money. He made a registered sale agreement while the case was in the court, we got to know about it later, we exhibited it as on proof in CRP. He made a cancellation of that agreement and got favorable judgment in CRP case.
Now, he is really going to sell the property and got 70% advance and vacated the whole building excluding us. The registration is going to take place in coming months. But We are not able to get any valid proof for this deal, But we know the buyer who is going to buy........ So is there any other way for us to continue the legal proceeding after the dismiss of the SLP,……… So is there any other way for us,………}}First answer received in 30 minutes.
Lawyers are available now to answer your questions.
1) Supreme Court judgment is final and binding upon parties
2) you can file review petition before SC but chances of success are bleak
3 conditions imposed by SC are normal
4) creation of third party rights means you cannot sell the premises or give it on rent or mortgage the premises
1. When it is already dismissed there is no point in thinking of it anymore.
2. Yes conditions are very much normal in eviction suits like yours.
3. it means you can sell/create lease or sub let the proeprty.
4. Sorry, there is no other option. You have to comply the conditions . Else you would face more severe legal action.
1. Once you lose the CRP in the HC the only remedy is to file a SLP in the Supreme Court, there is nothing else you could have done.
2. The conditions imposed by the Hon'ble SC are normal.
3. Third party interest implies that you should not alienate the property or sub-lease it.
4. There is no appeal against the SC judgment, albeit a review petition may be filed.
5. Even if the landlord sells the property you can continue to remain in possession for 6 months under the new owner.
SLP holds a prime place in the Judiciary of India, and has been provided as a "residual power" in the hands of Supreme Court of India to be exercised only in cases when any substantial question of law is involved, or gross injustice has been done.
In your case there is no such reason to substantiate that a gross injustice has been done to you.
In fact when the CRP was dismissed by high court you should have woken up and discarded the matter instead of approaching supreme court and losing money, energy and time.due to this wrong move.
The conditions given by supreme court in the SLP are normal
Even if you take up a review agaisnt the dismissal of SLP, the chances of winning are very bleak/
Not to create any third party interest means to not to sub-lease or sub let the premises.
In my opinion the review of he judgment in sLP also may not be entertained by supreme court.
The supreme court judgment is final in this regard hence you have no other relief in this. If you do not comply with the conditions imposed by supreme court in the SLP you may face contempt of court.
Now the landlord send a notice asking to deposit the difference between contractual rent and fixed rent within a week stating the supreme court order, even though Fair rent CRP case is in pending stage. 1)Is it legally right? Should we deposit the amount? 2) What will happen if we deposit the amount and he sell the property after few months?
1. YES, DEPOSIT IT ASAP.
2. It would be illegal act and no lawyer can advise you to do this.
you are bound to pay rent arrears as per SC judgment within period of 4 weeks .
2) you should make payment in compliance of SC order
3) even if landlord sells the property your tenancy would continue
1. Without a court order the demand made by the landlord is illegal and invalid.
You may send a reply accordingly.
2. You should not make the deposit until and unless you have been directed by court otherwise.