Legal Question in Appeals and Writs in India

Order 39,rule 1 and 2 of c.P.C.

My rent dispute case is pending in the district courts,chandigarh.I am tenant but the landlord,who expired in the first week of oct.,2005 has filed false suit of eviction against me under section 106 of transfer of property act.No legal heir has beeb impleaded within the stipulated period of 90 days.The landlady is harrassing me a lot.What to do now,since.,there is no hope in the eviction case.Should i get stay as per the above order of c.P.C. And how. I want your help at this very crucial stage.


Asked on 3/06/06, 9:41 am

2 Answers from Attorneys
Sarat Chandra Chandra&Co.

Re: Order 39,rule 1 and 2 of c.P.C.

It is right time for you to get the suit of landlady dismissed.You can hire a competent lawyer locally in Chandigarh or I can get the needful done on professional terms.

Sarat Chandra

Advocate.

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Answered on 3/07/06, 11:25 am
Panduranga Acharya J & P Associates, Advocates & Solicitors

Re: Order 39,rule 1 and 2 of c.P.C.

Dear Sir,

In Your case you have not told who had filed the case but it appars that you have preferred it.

You havenot impleaded Land Lord's Legal Heirs (LRs)with in 90 days from the date of his death. still you can present an application for impleading his LRs along with an application of condonation of delay before the district court.

you can think of an appeal only if there is an adverse order on your application before higher court.

for grounds and other details please contact me.

thank you

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Answered on 3/10/06, 1:18 am


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