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Tribhuwan Pratap Gupta (Advocate)     08 February 2013

Intresting legal situation

There is an intresting legal situation and responses are requested from experts : facts are as below :-

An eviction poceeding under state acc.con.Act  was initiated by landlady and trail court decreed the suit and High court also confirm the decree that is there was concarate findings .

An execution of decree application was filed in trail court and trail court by mutual consent of both parties issued an order directing tenant to vacate the premises by 27.th Jan2013 .But tenant did not vacate the premises but filed a SLP in supreme court on FEB 1.2013 concealing the order of trail court and by   referring H.C judgment only which dismissed the SLP but on the request of tenant allowed seven months long time to vacate the premises where as a registred lease deed siniging and expiry date was not disputed by any party at any stage which had expired on OCT.2004.

As tenant in clear term had agreed to vacte by 27 Th.jan 2013 I did"nt  filed Cavate in supremecourt and case was heared ex party hearing the arguments of tenant only

My quary is how the time period betwwen trail courts order directing to vacate by 27.01.2013 and Supreme courts judgement dated FEB 1.,2013 allowiong time to vacate can be treated ?is  contemt of trail courts order proceeding can be initiated ? How non compliance of promise made in court can be treated ? I have filed an application in trail court for contempt of court,requesting tenants to send in civil prison for obstructing the execution of decree and asking compansation of Rs.2000 per day as damages from 27.01.2013 till the date tenant vacate the premises  . What are the remedies available to me at this stage ? 



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