amit (engineer) 07 April 2013

Eviction order queries

I want to clear few queries regarding tenant eviction procedure in Haryana State.

We have won the case in both the lower court on the basis of bonafide need/use agains our tenant and court given orders to vacate the house in two months time i.e 15th April i have some questions:-

1. How much time tenant have to go to high court?

2. When we can file for eviction if he dont vacate on 15th?

3. Can we file for eviction before 15th?

4. After filling for eviction how much time more it will take in general with Tenants maximum resistance?

5.What are the best tools/options tenant have to delay the process of vacating house?How we can overcome it as landlord?

Your inputs will be helpful to us.

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2 Replies

sibojyoti chakrabarti (advocate) 11 April 2013

Dear,

The time within which your tenant can move before the Hon'ble High Court is mentioned in the state Rent act and if your tenant does not leave the house you will be required to file an executio suit in the same court which gave order in your favour, decreeing eviction.

With Regards;

Sibojyoti Chakrabarti

EMAIL: sibo.chakrabarti@gmail.com

9883122412

amit (engineer) 28 October 2013

Sir,

Our tenant moved to High Court in April itself, and now High Court has dismissed his petition and given him 8 month time to vacate the house(on the basis . High Court directed him to give undertaking in written to the lower court that he will vacate on before 8 month time.

The last para goes like this in judgement -: " In case of non-compliance of the order passed by this court, the petitioner shall also be liable of contempt proceedings for contempt of this court in addition to the execution of the eviction order"

My Questions:-

1. Can he appeal in Supreme court? if yes how much time he have to appeal?

2. If he gave undertaking that he will vacate after eight months, then does it means we still have to file for execution process in the lower court(which may take six more months) or he has to directly vacate the house.

3. Does this judgement means he cant appeal further and No execution required.

4. What if he dont give undertaking?