Is appeal can be filed on final court decree

Dear Ramesha,

Normally, one can't prefer appeal against final decree unless he prefers appeal against preliminary decree.

In your case, final decree obtained with consent/compromise of all parties.  Hence, there is no question of preferring appeal against final decree subject to certain exceptions like fraud, coercion etc. 

i have flat in mumbai four bunglows, which i have given on the leave and license basis, but at the end of leave and liense term the licencee refused to vacate the premises, i filed the case for the peaceful eviction of the licensee with the competent authority, the competent authority has given conditional leave to defend to my licensee which means they have to pay me the compensation and keep on paying me the compensation till the final disposal of the suit ,which my licensee did not obey and told that they are going to appal with the higher court , but till now they have not filed any appeal, and on the last date the matter is kept for the final order by the competent authority, my question is what should i do to evict him ? and can anybody provide the citaion which was pas by the delhi high court;;: if the rent is not paid for the two month even after the court orders the the owner of the flat has the right to evict the tenants with the help of police, because its the two moth over now he has not paid me the rent after the court orders.

Thanks

Dear Shukla,

Your query is somewhat confusing.  On one hand you are saying that it was let out to a tenant and on the other hand you are saying that you have given on licence.  which one is correct.  Because, in law, licencee will have no rights except to vacate the premises as soon as demanded by the owner.

Anyhow, if rent is not paid, you can straight away ask the court to order eviction of tenant from the leasehold premises under Order XV A of Code of civil procedure which was inserted in the recent amendment.  In spite of eviction order of the court, if the tenant fails to evict the premises, you can initiate execution proceedings, wherein, the court will appoint an officer(amin) to deliver the vacant possession by evicting the tenant at the first instance.  If the tenant obstruts the court officer, then you can seek aid of police for getting the same evicted.