• Eviction of shop

We are the landlord of a shop and we have been fighting a case against bonafied requirement against our tenant.We have been fighting the case since 10years and alas we have won in Supreme court , the Supreme court has ordered him for the possession of the shop to us with police protection. The tenant is very stubborn and still not vacating the premises, he inturn has put a case against us in a subordinate court stating his brother is also a tenant and plays a part in the share of the shop. He has now unloaded his belongings from the shop and and has locked the shop. He sits outside the shop but doesn't open the shutter.
My questions are : 
1.) Can I vacate the shop on Supreme Court order.
2.) What is the procedure to vacate the shop under police protection?
3.) Should we forcefully go and break the lock under police invigilator?
4.) If any other way of getting the possession please specify.
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1. You should go to the police station with a certified copy of the SC order. If cops do not assist you in recovering the possession of the shop then a contempt petition before the SC is the only remedy.

2. The locks can be forcibly broken if the tenant does not vacate the shop within the time limit laid down by the SC.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Yes, seek the police protection and evict him physically.

2. File a petition in the execution case in the court where the decree is passed. The executing court will direct the police to physically evict the tenant.

3. Yes, if the police agrees.

4. Refer my reply no.2.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1) you can obtain peaceful possession of shop as per SC order

2) take out execution proceedings to obtain possession of shop by police protection

3) in police presence only the shop should be opened and possession handed to you

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. You can file an execution petition to vacate the shop and take possession if needed with the hep of police

2. File an EP before the trial court for this

3. The court amen will take care of this situation

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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