Default of Tenant
I am a landlord of an old industrial shed with tenants. One tenant had sublet a premises and i had done a case against him which was settled and consent terms were filed, wherein the sub-tenant was accepted by us for a fixed period and our tenant would share the rent received from this sub-tenant with us.
The tenant defaulted and as per the Consent Terms we were entitled to execute the decree and evict him from the premises. Due to some reasons we did not execute the order and 2 years passed. Thereafter we went back to court and asked them to permit us to execute the decree and take possession of the premises as 2 years had passed since the order.
In this matter we had gone back to the same Small Causes Court as the one which had the passed the order.
The tenant is now coming up with some new evidence and wishes to again open up the matter and argue the same based on this evidence which he claims that his lawyer always had but did not submit in court.
My lawyer feels that the court cannot go behind its own order and therefore feels he does not need to submit a reply to the detailed affidavit filed by the tenant.
From a point of law, "Is the court permitted to go behind its own order and can they accept new evidence at this stage ?"