Payment to be made for getting Stay order
I stay in an apartment owned by LIC. There is a dispute about the Rent they are asking me to pay with arrears. i have been discussing and negotiating the matter with them since a few years.
They are asking me to pay arrears of rent + interest on arrears + penalty for late payment of the rent amount claimed by them. (I have paid the rent till 1 month back. After that they have stopped accepting rent)
Meanwhile they gave a "judgement" saying that i have to vacate the premises. I am told i need to obtain a Stay Order.
Please advise as follows:
** Will i have to obtain the Stay Order from the City Civil Court or High Court?
** Will the Stay Order, if obtained, be of long term duration (till such time as i resolve the matter with LIC and pay them the agreed dues)? or will it be for a short period, whereby i will have to keep seeking extensions?
** When giving the Stay Order, will the Court ask me to deposit any amount with the Court / LIC? If yes, how will the amount be defined?
In the "judgement" which they gave, it was stated that i could take required action u/s 9 of the Public Premises Act. But the period within which i could legally obtain the Stay Order had expired approx 15 days back.
Is it possible to get the Stay Order despite the period having expired?
To get a favourable order from the court, i can present the following facts.
** I am a spinster, aged 74 years, of frail health, staying alone in the premises.
** I have no source of income. i manage my life from a paltry pension and interest on Fixed Deposits.
** I have no other family member or heir. and after i expire, LIC can immediately take possession of the premises.
** LIC gave the "judgement" just a few days before the courts were closed for the Puja Holidays, leaving me very little time to seek legal counsel and initiate necessary action for getting the Stay Order.
Can you please advise on this matter.
Miss Maya Sippy.
(drafted by Kumar Kanuga, a family friend)