Regarding suit for eviction, recovery of possession acquired by the tenant
A shop has been given a person to run a sweet meat shop against rent in the year April, 2011 for a 3 years Lease Agreement. After expiry of the lease, no fresh agreement has been executed, more over the accused person acquired & using extra areas along with shop without any written consent of the landlord. In the year 2015, Title Suit for eviction had been filed in the lower district court against the accused person by the Landlord. Civil Judge, Jr. Division-1st Court passed the Order in April, 2018 to vacant the acquired premises by the tenant. In January,2019 the Hon’ble Court issued the Decree in favour of the Landlord. In the month of February, 2019 landlord had been expired. In April,2019, defendant party filed a Title Appeal in the Addl. District Judge Court by 11 months delay against Order passed by the Civil Judge, Jr. Division-1st Court & the tenant holding the property still as on date.
Notice has been issued by the hon’ble court in the name of the son & daughter of the deceased landlord of the property in relation with the Title Appeal filed by the tenant. Son of the deceased landlord has also filed the Title Execution.
1. Whether Title Appeal filed by the tenant will be accepted or not by the Court of Law as it was 11 months delay.
2. If rejected the Title Appeal by the Hon’ble Court, what type of legal action can be taken by the tenant.
3. Whether Delayed Appeal can be accepted or not, which ground.
4. As on date, landlord has been expired as well as Lease Agreement had been expired. There is no tenancy relationship between the accused person & the son of the Landlord. In this situation, son of the Landlord can file execution or not.
5. Tenant run the shop smoothly till date. Whether injunction can be filed or not to stop the business activities in the said shop till the disposal of the order. Any stay can be taken by the tenant against injunction
6. To stop the Stay Order, Injunction can be filed in the High Court or not instead of District Court