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Sanjay (Programmer)     27 April 2014

Is this provision available??

We have a tenant with whom we have 11 months agreement starting from 1999. He had been paying the rent promptly every month. We live in a house above the rented shops beneath. Since we purchased a car, we requested the tenant to move out since we need his shop for parking his car. Our structure does not have any other parking facility.  After which, the tenant requested us time for 2 years to let him see a shop for which we offered 6 months. Known for his ill intentions, we submitted a RCOP case(in2009) in the city of Tiruchy, only to avoid the tenant to go and submit an RCOP by himself in 2009. It has been 5 years now and the case is still in the Additional Dist. Magistrate court in the arguement stage.

Once the judgement/decree arrives in favour of landlord and if the tenant goes for an appeal - Is there a provision for the landlord to request the court - to issue eviction order to vacate the tenant before the tenant can go for an appeal. 

Kindly let me know.



Learning

 3 Replies

Sanjay (Programmer)     27 April 2014

CORRECTION:

Since we purchased a car, we requested the tenant to move out since we need his shop for parking OUR car.

Sudhir Kumar, Advocate (Advocate)     28 April 2014

site inspection and perusal of document needed.  contact local lawyer.

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     16 May 2014

Even if any eviction order is passed in favour of the landlord,normally, the rent control tribunal (Court) will grant breathing time to the tenant to vacate and surrender the possession of the building.

 

If the tenant has not vacated the building within the time stipulated in the order, the landlord can execute the same by filing E.P.

 

Mere filing or pendency of appeal without any stay order will not make any obstruction to execute the eviction.


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