Evicting tenant by police force
A
(Querist) 21 February 2013
This query is : Resolved
Dear Sir,
have read SC judgement I.A. NO.3 OF 2011 in CIVIL APPEAL NO. 5310 OF 2010 M/s Ram Prakash Sharma (Appellant) v/s Babulal irla (D) By Lrs. & Others (Applicants/ Respondents) which is a general direction. We have a tenant and a the suit is decreed in our favour by Pune Small causes Court. Our Tenant has been told to evict our commercial premises by 31.3. 2013. However, tenant has no signs of evicting and as with experience, may appeal in Dist court just to bide time and delay possession. Keeping in mind the Supreme Court general direction i need detailed guidance as to what is exact legal procedure for such eviction by police force. Pls give steps therein so there are no legal flaws/lapses on my part so as to endanger possession anyhow. Since i havent seen many local lawyers aware about this method i am looking up to the expert forum. Your help is highly appreciated...Thanks
amruta_sas
Kiran Kumar
(Expert) 21 February 2013
That judgment was under some exceptional circumstances.
For your purpose you need to follow the proper procedure for Execution of Judgment. Move an Execution Application before the competent court to seek possession of property.
There are certain steps for it and those will be taken care of by your lawyer.
A
(Querist) 21 February 2013
Thanks Mr. Kiran. We will be making such execution application but knowing advance about the procedure would really help. Particularly cos my earlier tenant had not vacated inspite of undertaking and exceeded his timelimit before possession and we r not intending on this happening again. So want to be prepared and hence need the detail steps,
Thanks.
Kiran Kumar
(Expert) 21 February 2013
you are always welcome.
A
(Querist) 28 February 2013
Dear experts, Though the circumstances of the case may be exceptional and facts may not coincide with other case, I am eager to know as the Hon Supreme court passed a GENERAL DIRECTION so its not necessarily tied up or relevant to judgement of referred case. Please guide on the process......
