About eviction order
dhivya lakshmi
(Querist) 28 June 2013
This query is : Resolved
I need a clarification for, if a property is under civil case, the owner is staying outside that property that property wants to evict or vacate people who were inside that property(case filed house), can that owner of the house get eviction order directly without considering that civil case under that property? Is there any such possibilities are there?
ajay sethi
(Expert) 28 June 2013
no you need court order .
Tarun Thakur
(Expert) 28 June 2013
if the persons who occupy the property as tenants or licencee , the owner has remedy to evict them from it.
Advocate M.Bhadra
(Expert) 28 June 2013
If the Eviction Suit is pending then it is needed for an order and decree an also order of execution of decree to evict the tenant.
dhivya lakshmi
(Querist) 28 June 2013
persons occupying that property are tenants only. whether could the owner get eviction directly without waiting for that civil case put up by the tenants as they need injunction order from the court for that property?
prabhakar singh
(Expert) 28 June 2013
Well your question is confusing so are also
the answers.
It would be better if you tell in what respect a suit is pending and against whom?
Who are the occupants of the house and what relation they have with real owner?Are they party in the house case going on ?
what relief in the suit pending has been prayed for?
Let it be clear to you that any occupant of a house whose entry is either under consent of owner or forceful can be evicted only through an eviction suit.
prabhakar singh
(Expert) 28 June 2013
In case tenants have filed suit for injunction against the landlord so that landlord cannot evict them forcefully then
landlord should visit a civil lawyer to issue one month notice under 106 of The TRANSFER OF PROPERTY ACT,terminating tenancy of the tenants,asking to pay rent arrears and also damages for wrongful use and occupation and should file a fresh small causes suit in the court.
Landlord can not get eviction order in tenant's pending suit of injunction.
Any counter claim would not serve the purpose .
Tarun Thakur
(Expert) 28 June 2013
Ignore advice of Mr Prabhakar
Raj Kumar Makkad
(Expert) 29 June 2013
Unless the nature of the pending case, the parties to the case and the stage of the case is not told by you, no concrete reply can be offered to you except as given on assumption and presumption by many experts.
