eviction of tenent
sanjay
(Querist) 16 March 2010
This query is : Resolved
dear sir,
my father is 72 years old and he owns a house which is however occupied by the tenent and we filed a suit for eviction. we won the case in rent controller court and he awarded eviction. meantime tenent was also giving less rent and we acceped it under protest and eventually court also decided the rent in favour of us. which means tenent was at default on arrears of rent and the another rent controller also ordered the eviction on defalult of arrears. my father and the whole of family has no other house on earth. meantime the tenent also filed the appeal in dist. court and matter is on argument stage only. now my question is should we go execution for eviction? how much time is taken by the court to give permission for execution ?.
please advise
prakash vathore
(Expert) 16 March 2010
since the appeal is pending u cant go for execution coz there must be an order of stay on execution, if such order is not there then u can go for execution it will take 6 month to 1 year.
Raj Kumar Makkad
(Expert) 16 March 2010
No permission of any court is required to be obtained as you asked. Execution petition should have been filed soon after one month of the order of Rent Controller if no stay order was granted by the upper court in favour of appellant/tenant.
Ask from your lawyer whether any stay has been granted in appeal case or not. if yes then wait till the decision of the upper court and if no go ahead and file it.
sanjay
(Querist) 09 September 2010
dear sir,
my father has won the case in rent control court & dist court also. after that tenent filed a application in high court which is also dismissed but court gave the tenant three months which is 30th of nov10 but also directed tenant to pay the arrears on or before 13th of sept and rent of the following months on 7th of every month.this relief was given on the request of tenanat that if given a time of three months he would handover the property to lanlord & on this submission high court directed him to record this undertaking in rentcontrollor.
today is 9th of sept and he has not deposited the rent.
what if he does not give undertaking in the rent controllor as directed by high court ?
what if he does not deposit the arrears on the 13th of sept ?
can he still live up to 30th nov despite above mentioned conditions ?
can we take action like eviction on 14th nov.
pls reply
