Renter not vacating property after eviction notice from the SDM court
3 years ago
Hello,
My residential property is in the state of Jharkhand, India. I successfully received an eviction notice from the SDM court to evict the current tenant. However, the tenant is now appealing the decision in Divisional Commissioner's court to challenge the SDM's eviction notice on the grounds that that decision was made without any witnesses.
My question is:
1) Does such an appeal from the renter hold any weight in the Divisional Commissioner's court?
2) Is there any code that requires the SDM court to have witnesses before adjudicating the eviction notice?
3) What should be my best course of action in this case?
Thanks!
You may contact local lawyer who is well acquainted with local laws.
Rate me Five Star*
Ayantika Mondal @ Prime Legal
Responded 3 years ago
1. No, this would not be valid if it was the sole reason for the appeal.
2. No, there is not such Code, but local Court rules vary from state to state.
3. Wait out the appeal, it is most likely to get dismissed. You can then file an execution petition on your eviction order.
If you found this helpful, please rate us.
1. This will depend on whether he has valid grounds to appeal.
2. There is nothing specific to your situation, but the general rules of evidence are provided under the Evidence Act.
3. You will have to wait out the appeal process and file a fresh suit on different grounds if you do not obtain a favourable verdict.
If you found this helpful, please rate us.
Neighbor dispute
Request for removal AC fan on common wall
Repair 2nd floor
Excess land not in record, can it be sold??
Leave & Liscence agreement
