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Anonymous
in Civil Law Property Law
Asked November 14, 2017

Restitution after judgment in a lease agreement case

  • 1 Answer
  • 207 Views

Name: DISHA Email: disha.cn@gmail.com Contact No: 9844366455 Query: To get restitution after the decree in injunction suit & Also to claim DAMAGES in the SUIT 13 November 2017 Dear sirs/experts, Sub:- To get RESTITUTION after the JUDGEMENT & DECREE in INJUNCTION SUIT STAGE-1 - Suit schedule property :- OFFICE ~~ 300 Sqft. - LEASE AGREEMENT for 3 years ( 2011 to 2014) - LAND LORDS were troubling to vacate me before the completion of the lease period - O.S SUIT was filed in the year SEPTEMBER 2013 - On 6th Sept 2013 the hon'ble court granted - TEMPORARY INJUNCTION - TI ( valid upto 28th Sept 2013) - A copy of the TI was given to land lords on 7th Sept 2013 - AGITATED by the court order of TI , the landlords forcefully broke open my locks & put their locks - NECESSARY POLICE COMPLAINT was filed for "CONTEMPT OF COURT ORDER" & seeking police protection. - POLICE registered the complaint only as NON-COGNIZABLE ( No FIR was registered even though the TI was in force) - The LAND LORDS RESTRAINED me illegally to my office, even though TI was in force - THE LAND LORDS(DEF) advanced the O.S.Suit & giving all false facts to the court by gaining sympathy of court - The landlords also registered FALSE FORGERY case denying their SIGNATURE on LEASE AGREEMENT - The hon'ble CIVIL court VACATED the TI on 28-09-2013, pending the final suit STAGE-2 - The DEFENDANTS thought as if they have WON the case by vacating the TI - Further they did not come forward to ADDUCE the case - They did not file WS within 90 days ( Filed after more than 180 days without any valid reasoning for the delay ) STAGE-3 - POLICE took the ORIGINAL LEASE DEED from the civil COURT OS SUIT with court permission & sent it for FSL verification - FSL confirmed the LANDLORDS signature - POLICE filed B- REPORT in the FALSE FORGERY CASE - RETURNED the ORIGINAL LEASE DEED to civil court back STAGE-4 - The DEF had given a empty pictures of the office to police station after ransacking/stealing all my office equipments ( via RTI reply from police) - I registered the THEFT complaint/FIR against the DEF ( u/s 380 ....) - Few of my OFFICE items were recovered from DEF - POLICE filed charge sheet against them u/s 403 r/w 34 ( instead of sec 380 ) & the CRIMINAL case is on against them STAGE - 5 - DEF were PROTRACTING the case by filing one IA after the other - Civil COURT framed ISSUES - PLAINTIFF EVIDENCE in CHIEF was done marking all the DOCUMENTS , FIR , CHARGE SHEET, etc.. - They kept on DEFERRING " CROSS of PW-1 " for several HEARINGS (more than a year) - Court ordered " CROSS of PW-1 IS TAKEN AS NIL " STAGE-6 - FURTHER DEF did not come forwards to ADDUCE DEF EVIDENCE - Court ordered " DEFENDANT EVIDENCE as NIL " - We filed WRITTEN ARGUMENTS - Court posted the case for JUDGEMENT STAGE-7 - DEF filed IA for recalling the case , Cross of PW-1 by advancing the case, citing that their counsel was held up in traffic etc. - Court allowed IA with a cost of Rs 5000 /- - Even then the DEF did not come forward to ADDUCE the case - hon'ble court again posted the case for JUDGEMENT - Again the DEF came with an IA for recalling the case & cross of PW-1 etc.... - COURT rejected their IAs UPFRONT ( did not admit) STAGE- 8 - On 1st Sep 2017 , hon'ble COURT pronounced JUDGEMENT in favor of PLAINTIFF - On 14th SEP 2017 , DECREE was drawn to not disturb the possession of the PLAINTIFF without following the due process of law STAGE-9 - The DEFENDANTS have not marked a SINGLE document in the entire OS SUIT - The DEF have not filed any APPEAL in the HIGH COURT (We have filed CAVEAT in HIGH COURT) - It's been almost 65 days after the judgement QUERY Since the DEF have restrained me illegally by breaking open my keys & STOLEN/RANSACKED my office equipments already during the PENDENCY of the SUIT & PENDENCY of the LEASE PERIOD & they have not returned LEASE AMOUNT also & enjoying the SUIT Schedule property PLEASE let me know, whether A] SHOULD I FILE AN EXECUTION PETITION FURTHER TO JUDGEMENT & DECREE, or B] FILE RESTITUTION APPLICATION u/s 144 r/w 151 CPC IN THE SAME O.S.SUIT further to JUDGEMENT & DECREE { Also claim damages in the same OS SUIT } OR C] ANY OTHER REMEDY as per Civil procedural Code KINDLY Advise

Answer 1

Please submitt the matter clearily.

Agree Comment 0 Agrees over 3 years ago

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