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Appeal against eviction order passed in the favour of Landlord


22-Sep-2023 (In Landlord/Tenant Law)
My Grandpa died on 1999, hence as per 1997 WB act judgement in junior alipore court has been passed in favour of landlord that we are trespassers & rooms required by landlord for personal possession we hv been asked to evacuate premises in next 2months, please suggest if we can appeal in higher court against this order & what wl be our chances as we keep depositing rent in rent control act and we filed suit against 1956 WB ACT. Suppose if on appeal is rejected is their any penalty implied to us for reappealing the matter at higher court?
Answers (2)

Answer #1
804 votes
Look, if you have limitation Period for appeal, then there have chance but if the Limitation Period has already been elapsed then appeal will be in tough condition, Section 5 will be needed. My suggestion is to show entire papers to any Ld. Advocate nearest in your City and take suggestion from him.

Answer #2
614 votes
Yes, an appeal can be made in higher courts against the order. The chances of winning is depending upon the documents. Without seeing any documents / papers, I cannot provide you chances of winning. But, it is a benefit as you are keeping your rent with the Rent Control. Penalty may be imposed upon rejection of an appeal, but it occurs in very less occasions.
However, after seeing all the papers / documents properly, I can surely provide you a much better advice.
Thank you

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