Judge loves fraud tenant
5 years ago
Hi Team, we have commercial property in kavali, Our fraud tenant filed os 143/2015 in prl junier civil judge kavali for 3 years until jan 2018. when decree came to pay rent as he filed he filed some counter and still enjoying our property withour paying rent. Now without our knowledge he had withdawn case after enjoying property for 3 years without paying rent. Judge dispossed case without any justice done to us. Now our lawyer telling we have file another OS for rent. As per law it is civil case so there will no punishment also for the fraud he done. we dont have physical strenth to vacate him, we have filed eviction suit OS 2016 as well but case was going like snail. Is there any way to get our rent without opening new case and punish this fraud tenant. still he is enjoying our property without paying rent from 4 years last rent he paid is oct 2014.dont know why judges love him and want protect defaulters he have more than 9 OS, CC on him. he is manging all cases with court admin staff. They are supporting him.
Approach the High Court to dispose the case within time frame, Each High Court framed rules as follows. Secondly there are judgments that if tenant not deposit arrears of rent then eviction suit to be decreed. If lower court not done so then prefer appeal. No judge cannot do anything if tenant withdraws his own suit. Please immediately approach High Court for all your grievances. You will get justice. The following are the Karantaka rules, similar rules are in existing in all states. You may call me for more clarifications.
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Karnataka Case Flow Management Rules
Similar Rules are framed by all the High Courts
the Karnataka High Court has launched the Case Flow Management system.
The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.
It divides cases into four tracks.
Disposal in 9 months:
In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.
Disposal in 12 months:
In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.
Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.
Disposal in 24 months:
Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.
The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.
The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.
http://www.judicialreforms.in/forums/showthread.php?tid=63
Johnson Thangiah
Responded 5 years ago
It is better to file transfer petition.
Namitabh Kothari
Responded 5 years ago