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What is the use of Affidavit if going to appeal against court order
31-Jul-2023 (In Landlord/Tenant Law)
We lost the RCOP and RCA. Now in CRP eviction case judge ordered us to vacate in 3 months, our lawyer seeks 1 year time, judge grants 6 months time with a condition that we should file an affidavit stating 'we will surrender the premises by 20/01/2017 as per the direction issued by this court'. 1) Can filing such affidavit cause any harm to us? 2) What is the use of this Affidavit, if we r going to appeal against this judgment as landlord wants the property for selling (in 6 months) and not for his use. 3) If he sells, Can the upcoming owner use this affidavit against us?
1) Can filing such affidavit cause any harm to us?
Yes, you have to vacate on the stipulated date or you will be evicted forcibly. In any case since the case has been decided agaisnt you, there is no other option before you.
2) What is the use of this Affidavit, if we r going to appeal against this judgment as landlord wants the property for selling (in 6 months) and not for his use.
This affidavit will give you breathing time to get the relief of stay of operation of this judgment for filing an appeal leisurely
3) If he sells, Can the upcoming owner use this affidavit against us?
Yes, he can approach court to enforce this condition/order.
Yes, you have to vacate on the stipulated date or you will be evicted forcibly. In any case since the case has been decided agaisnt you, there is no other option before you.
2) What is the use of this Affidavit, if we r going to appeal against this judgment as landlord wants the property for selling (in 6 months) and not for his use.
This affidavit will give you breathing time to get the relief of stay of operation of this judgment for filing an appeal leisurely
3) If he sells, Can the upcoming owner use this affidavit against us?
Yes, he can approach court to enforce this condition/order.
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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