Legal Question in Civil Litigation in India

Eviction of tenant
Tenant was served with a notice to quit under Transfer of Property ACT. After about one and a half months another notice was sent to quit under Rent Restriction and control ACT under mistaken assumption that the case does not fall under TPA ACT. The case under both the acts is to heard by the same court.
Can the case be now converted to be heard under the TPA Act by moving a simple application to the court.

Asked on 6/02/07, 11:44 pm

4 Answers from Attorneys

Vivek Mapara Mapara Law Firm

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Re: Eviction of tenant

Kindly specify from which state you are belonging. It seems the suit is already filed. It is wrong assumption that both the suit are to be tried by same court. It may be that both catagory of suits may be tried in same premises or by same judge, but authority and jurisdiction under both the catagory is different.

So mere appliction for conversion would not be enough, because changing the suit from rent act to TP act will completely change the forum, jurisdiction, and also appellate authority. Even the court fees might change. So as per my suggestion you will be requried to withdraw the suit and file fresh suit.

Answered on 6/03/07, 2:22 am

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Vishwa Arya Arya & Co.

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Re: Eviction of tenant

your facts are incomplete as to the state and the amount of rent involved. Whether there is a written and registered lease or not.

Vishwa

Answered on 6/03/07, 6:52 am

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Re: Eviction of tenant

you have not specified you state so it is difficult to give any advise.You have also not stated that which kind of case is pending in which you are asking for ammendment/conversion.Details and papers are required to be examined.

Answered on 6/03/07, 8:01 am

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