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Author Topic: Filing Affidavit of undertaking  (Read 160 times)

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Offline sri5566

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Filing Affidavit of undertaking
« on: July 31, 2016, 12:53:08 AM »
Sir,
Our landlord filed fair rent and eviction case against us and got the judgment (RCOP and RCA) in his favor. Then we filed CRP in madras high court but our eviction case petition got dismissed even though we have a valid proof, that the landlord was trying to sell the property for higher profit; and not needing it for his own use.
Three months time was given for vacating the property.
Our lawyer seeks 1 year time for vacating, judge grants six months of time with a condition that we should file an affidavit of undertaking for the same.
Now my questions are:
1) Is it necessary to file affidavit of undertaking if we are going to appeal against the CRP judgment?
I am asking this because in the affidavit it was mentioned that 'we will surrender the premises by 20/01/2017 as per the direction issued by this court'.
2) Landlord is going to sell the property within 6 or 12 months (we know that surely). So he is trying to get the eviction order form every possible method legally and also illegally. If we give such affidavit, then can the upcoming owner ask as us to vacate the premises on the basis of the affidavit? Or not?
3)Is there any chance for filing appeals against this judgment in high court instead of supreme court?
Our lawyer says we have to approach the supreme count only for admitting this case and the court will accept our appeal. Then the case will stand for one or 2 years.
4)Can the Supreme court dismiss the case in the admission stage itself? If so, is it means we have no other option than vacating the premises?
Our lawyer says the supreme court will accept the case (85% chances in our favor) but the final judgment is undecidable.
5) Does we have to change the lawyer? After every unfavorable judgments we have changed the lawyers, but this time we are in a big dilemma.
So please advise us what to do.

Offline advjaibansal

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Re: Filing Affidavit of undertaking
« Reply #1 on: August 01, 2016, 09:38:40 PM »
1) Is it necessary to file affidavit of undertaking if we are going to appeal against the CRP judgment?
I am asking this because in the affidavit it was mentioned that 'we will surrender the premises by 20/01/2017 as per the direction issued by this court'.

Yes, its mandatory to file the affidavit of undertaking or else it may amount to contempt of court because the submission of your lawyers must have been recorded in the court order allowing you to stay in the property for six months then vacate.

2) Landlord is going to sell the property within 6 or 12 months (we know that surely). So he is trying to get the eviction order form every possible method legally and also illegally. If we give such affidavit, then can the upcoming owner ask as us to vacate the premises on the basis of the affidavit? Or not?

- Yes, old or new, both the owners have right to evict you, as you have already given oral undertaking before the court at the time of hearing of the case and when the appeal got dismissed granting you permission to stay for six months and then vacate.

3)Is there any chance for filing appeals against this judgment in high court instead of supreme court?
Our lawyer says we have to approach the supreme count only for admitting this case and the court will accept our appeal. Then the case will stand for one or 2 years.

-Once you have taken six months to vacate the property without getting into the merits of the case, then appeal is not maintainable before the supreme court. It will be a pure waste of money on the lawyers. It will be dismissed on the very first date of hearing before the supreme court. However, you may get another six months time to vacate from the supreme court.

4)Can the Supreme court dismiss the case in the admission stage itself? If so, is it means we have no other option than vacating the premises?

-yes it can dismiss the case. Normally in these kind of cases, upon filing of the appeal before supreme court, you may get another six months time to vacate, nothing else.

Our lawyer says the supreme court will accept the case (85% chances in our favor) but the final judgment is undecidable.

-I don't think so, only time to vacate the property may be given and appeal to supreme court may be dismissed at the admission stage for the sole reason that you have already taken six months time to vacate the property from the high court.

5) Does we have to change the lawyer? After every unfavorable judgments we have changed the lawyers, but this time we are in a big dilemma.

- Its up to you.

You have two option, either to vacate the property after six months or file an appeal and get little more time from the supreme court to vacate the premises. On merits you have no case now as you have accepted the time to vacate from the high court.

regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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