Sir,
Five years back, we rented our flat to a family on notary agreement for 11 months on Rs 7000. But after that we ask the tenant to vacate our premises. The tenant refuses to do so on one excuse or other. There is not rent agreement after that and we are living at a distance of 20-25 kms from the rented premises.
When the tenat did not vacated our premises we approched the court and filed a suite in January 2016. Tenant also came in court to fight with some inadmissible reasons. He pays the rent the court. After one year of fighting the court passed a decree of possession in our (landlord) favour on January 2017 and asked the tenant to peacefully vacate the premises to us.
The tenant refuses to follow the court orders, he did not approached any higher court for Appeal also. So we requested the court again to help us in acquire the Possion. The court appointed a Baillif in April to do so. The tenant denied of knowledge of losing the court case and refused to co-operate with the Baillif. The Baillif told us to approach the court again and bring lock/door break order with police aid.
We did so and cafter three months came with another Baillif with police aid and court orders to beak locks to vacate the premises. Unfortunately, the doors were not locked and the tenat was at home. He did not open the gates citing that he did not know about losing the case. The Baillif refused to break the doors (and inter-lock) citing that court orders was only to break lock. He adviced us to approach the court again and bring lock/door break order with police aid.
please tell us,
whether the Baillif did right thing by not breaking the doors while we have orders to break the locks.
whether the court have any powers to impose any penalty on the tenant, who denied the Baillig two times to impose court orders.
whether the court have any powers to impose any penalty on the tenant, on not following court directions to vacate the premises even after 6-7 months of decree.
if the premises is vacated forcefullywith police aid (we are ready to do so) , we have to pay for labourers, broken doors, transports etc., what the tenant have to loose?
what should we do now.
Plese help
