Legal Question in Landlord & Tenant Law in India

Rent eviction case in chandigarh

My rent eviction case is pending in the district courts,chandigarh-india since aug,2004.The plaintiff expired in the first week of oct,2005.The plaintiff claimed rent as rs.4000/- since 01-06-2002,where as i defended the case as the original rent as rs.1000 per month on the basis of solitary receipt of jan,2003.The plaintiff filed the eviction case under setion 106 of transfer of property acy and chandigarh rent notification dt.07-11-2002,in which the tenants can be evicted whose rent is more than rs.1500 per month.Since my rent is rs.1000 per month,i contested the case.Today,i gave application for abatement of the case,but the application was dismissed by the rent controller.Also,i have started paying rs.1000 per month as rent through money order to the wife of the deceased -plaintiff ,but she has refused the m.O.Infact this chandigarh rent notification has been stayed by the supreme court.My case comes under east pujab urban restriction act,1949.Now the next date is 04-02-2006.I request,what to do now.I am being harrased by the landlady and hired criminals to evict the premises.The court is not considering any of my application.No legal heir has turned-ud to initiate the case.Infact,i informed the court about the death/plaintif


Asked on 11/28/05, 7:54 am

3 Answers from Attorneys
Pravin Vaidya Independent

Re: Rent eviction case in chandigarh

As the matter is already in the court of law and the plaintiff has expired and your advocate must be taking all necessary steps to protect your rights no advice/opinion at this stage is warranted.

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Answered on 3/04/06, 2:47 pm
Vivek Anand M/S.VIVEK ASSOCIATES

Re: Rent eviction case in chandigarh

As the matter is sub-judice, you have to exercise all your rights and options in the said suit or in the alternative, to file an Appeal if a right has accrued upon you.

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Answered on 11/29/05, 3:19 am
JURIS LEGAM JURIS LEGAM

Re: Rent eviction case in chandigarh

Since the plaintiff has expired ans to bring the L.R.s of the plaintiff is 3months period,during this period it is the legal duties to bring the L.R.s of deceased plaintiff within 90 days of his death otherwise the matter would be abeted & during this period the proceedings in the said matters is remains stand-still.

So await till the time of 90 days expires.

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Answered on 12/05/05, 9:17 am


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