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Author Topic: Please help  (Read 184 times)

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Offline gopal2

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Please help
« on: August 20, 2017, 08:30:19 PM »
Hi,
I rented an apartment 18 years ago & have been continuously living in it. There was no written contract & landlord insisted on cash only which I did. I have paid all electricity + phone + Nagar Palika Tax + Maintenance bills most by check & some by cash but I have all original receipts.

4 years ago he tried to evict me by sending thugs so my lawyer filed a suit & injunction order against both him & his wife. ( I did not go to police because of threats & I am too old ).( I donít know why he involved his wife ? )

Landlord denies taking money & says he paid electricity bills & that I am not a tenant.

He also said the suit was filed in wrong form and misjoinder of parties so it should be dismissed.

Now I have a deposition after 3 weeks but my lawyer will not answer any questions or give case files so I am scared. Lawyer has taken 70% of fees & being in small town it would be impossible to find an honest lawyer.

I would be grateful if lawyers on this forum could give the worst case scenario if I lose the case.

1. If I lose does it mean I have to automatically vacate ?
2. If I lose can I file an appeal & would that do any good ?
3. If I lose, doesnít he have to then go thru legal process to vacate me ?

Thank you for reading my post & an humble request for help.

Gopal

Offline advsarmaroy

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Re: Please help
« Reply #1 on: August 21, 2017, 07:07:13 PM »
1. If I lose does it mean I have to automatically vacate ?
ans: owner will file for execution of the order to evict you


2. If I lose can I file an appeal & would that do any good ?
ans: Right to appeal is your fundamental Right, though chances of winning would be deem


3. If I lose, doesnít he have to then go thru legal process to vacate me ?
ans: owner will file for execution of the order to evict you.

as you see no one answered your query that is because no one is will to for FREE give immoral legally correct solutions for free to destroy their personal Karma.

you should take a QUE from it and simply take up rent else where and buy yourself PEACE of MIND.
Advocate Sarmaroy
Corporate lawyer / Real estate law expert

Offline adv.amarnath

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Re: Please help
« Reply #2 on: August 26, 2017, 12:24:13 AM »
1. If I lose does it mean I have to automatically vacate ?
Ans: No untill and unless there is Counter claim by landlord in your case

2. If I lose can I file an appeal & would that do any good ?
Ans: Appeal can always be preferred on being aggrieved by any order . But it is very impossible to say whether it will be proper or not untill I see your case papers

3. If I lose, doesnít he have to then go thru legal process to vacate me ?
Ans: No person can be evicted without due course of law.

i dont know why you are mentally prepared that you are going to lose your case. Fight properly...you also have a good ground of adverse possession and others many grounds.... Fight your case, you will succeed.

Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline gopal2

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Re: Please help
« Reply #3 on: August 29, 2017, 10:11:05 PM »
Respected Advocate Shree Amarnath,

Thank you for your encouragement. I really appreciate your help.

The main reason I am preparing myself for worst case scenario is the way my lawyer has filed the suit and his refusal to give me case papers like defendantís answer & courtís answer to my case. Also refusal to answer any questions at all saying not now every time. He has taken 70% of fees upfront.

Can you kindly elaborate on your suggestions please ?

1. When can I file for Adverse possession ? After I lose ?

2. Can I file for Adverse Possession since I have already claimed to be a Tenant ?

3. Since defendant has replied that he did not rent me or made any agreement hence I am not a tenant, can I change my Plaint. ( Suit ) now to Adverse Possession ?

4. What are the other grounds that you suggest would help me in my case ?

5. How do I get my case files since he is refusing to give & when I approached court clerk with required fees & stamp, he asked me to get it from my lawyer ? My lawyer has already taken Rs.400/- to get certified copies. Doesn't he have entire case file & all he has to do is to give me the photocopies ?

I would be very grateful for your guidance.

Regards
Gopal

 

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