Ravi Singh (personnal) 07 May 2014

Eviction

Hi, I got the decree with cost and the time given by the court is 3 months to vacate the premises and it says if the person does not vacate the property then we have to proceed legally. I have filed a case in the court for eviction and I got the decree for eviction legally and what else I have to do. The language is confusing can someone explain. Can I file the Execution petition for implementation of the decree before 3 months time? Does my lawyer have to send a notice to the person residing in the property to vacate the premises? I would appreciate some help it is confusing. Thanks Ravi

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4 Replies

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779) 07 May 2014

As per the Decree passed in the said case, the occupant has to vacate the property within 30 days from the date of the Judgment. In other words, the Court granted 3 months time to your opposite party to vacate the property voluntarily. If the occupant failed to vacate the property within the stipulated period of 3 months as directed in the Judgment, you can initiate Execution proceedings against the occupant to evict him with the aid of Court. In short, you can file E.P. to evict him after expiry of 3 months time granted to your opposite party. There is no need to send any notice as you clarified.

Mahesh R. Sonawane (Lawyer/Fight for justice) 08 May 2014

Yes, you have to file execution petition for execution of decree in your favor after three months,

there is no necessity to send notice.

Laxmi Kant Joshi (Advocate ) 08 May 2014

If the opposite party / occupant didn't vacate your property within a time frame of 3 Months then you have to move an execution petition for execution the said decree in your favour ,in the court to vacate the property , you need not have to send any legal notices.