• How to execute court order for eviction of tenant?

We have received a court order from Judges Court Alipore on 22/12/2016 for eviction of our tenant. The tenant was asked by the court order to vacate the premises within 2 months. Yesterday was the expiry of the 2 month deadline. We had also filed a caveat in the High Court to keep us informed of any application/ appeal if filed by the tenant. There has been no such application or appeal from the tenant's side. The tenant has not vacated as expected. We are filing an application to the court for execution of the eviction order. How long will the court take to get the property vacated by the bailiff? We have been told that the eviction will only be executed by the bailiff if a huge amount of bribe is paid. Is this the normal practice. The property concerned is more than 6.5 cottahs located in a prime locality of South Kolkata valued at Rs 4.5 crores at the present market rate. How much do we need to pay the bailiff to get the property vacated? Please advise.
Asked 7 years ago in Property Law
Religion: Hindu

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11 Answers

he Supreme Court has ruled that recalcitrant tenants can be forcibly evicted by the police if they fail to vacate the premises within the deadline given by the court.

A bench of justices Markandeya Katju and Gyan Sudha Mishra said that it was passing the extraordinary order as it was vexed with the increasing number of cases in the country where tenants are refusing to vacate despite orders from even the country’s highest court.

“We further make it clear that when this Court allows the petition/appeal of the landlord or dismisses the petition/appeal of the tenant and grants some time to vacate the premises in question and if the tenant does not vacate within the time granted, the tenant shall be evicted by police force.

“This is a general direction we are passing because we are coming across several cases where the tenants are not vacating the premises in question despite granting time by this Court or despite furnishing an undertaking to this Court with a result that the landlord has to initiate contempt proceedings or any other proceedings.

“Hence, we give a general direction that when tenant’s petition/appeal is dismissed and he is given time to vacate then on the expiry of that time, he will be evicted by police force if he does not vacate of his own. If any extension of time to vacate is desired, that application should be filed well in advance,” Justice Katju writing the judgement said.

The Supreme Court passed the order while dealing with an interlocutory application moved by a tenant Ram Prakash Sharma seeking further time to vacate his rented premises.

“In the facts and circumstances of the case, time to vacate the premises in question is extended till 31st August, 2011 and if the tenants do not vacate on or before the said date, they will be evicted by police force,” the bench said in its order.

Early last week the bench had summoned Delhi’s Additional District Judge Archana Sinha for giving a stay on the eviction order passed by the Supreme Court.

Furious at the judge’s conduct, the court had directed the Chief Justice of the Delhi High Court to initiate disciplinary action against the judge.

2) take out application for execution of eviction order .

3) time taken and money to be paid to baliff for evicting tenant only local lawyer can guide you

Ajay Sethi
Advocate, Mumbai
95215 Answers
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EPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

I.A. NO.3 OF 2011

IN

CIVIL APPEAL NO. 5310 OF 2010

Ram Prakash Sharma ..Appellant

versus

Babulal irla (D) By Lrs. & Others ..Applicants/Respondents

O R D E R

Taken on Board.

Heard learned counsel for the parties.

In the facts and circumstances of the case, time to

vacate the premises in question is extended till 31st August, 2011 and if the tenants do not vacate on or before the said date, they will be evicted by police force.

We further make it clear that when this Court allows the petition/appeal of the landlord or dismisses the

petition/appeal of the tenant and grant some time to vacate the premises in question and if the tenant does not vacate within the time granted, the tenant shall be evicted by police force. This is a general direction we are passing because we are coming across several cases where the tenants are not vacating the premises in question despite granting time by this Court or despite furnishing an undertaking to this Court with a result that the landlord has to initiate contempt proceedings or any other proceedings. Hence, we give a general direction that when tenant's petition/appeal is dismissed and he is given time to vacate then on the expiry of that time, he will be evicted by police force if he does not vacate of his own.

If any extension of time to vacate is desired, that application should be filed well in advance.

The Interlocutory Application is allowed accordingly.

.....................J.

[MARKANDEY KATJU]

NEW DELHI; ..........................J.

MAY 12, 2011 [GYAN SUDHA MISRA]

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

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as per SC judgment for eviction of tenant police assistance can be sought if you apprehend tenant would refuse to deliver peaceful possession

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

legal fees vary depending upon lawyer engaged by you

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

The fees of a lawyer varies from person to person.

Yes without the submission of the bailiff order you can not seek police help.

If you need further assistance on this issue you can contact me.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

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How long will the court take to get the property vacated by the bailiff?

Order 21 of the Code of Civil Procedure deals with the solemn

act of execution of the decrees passed by the Courts from grassroots to the top. Ultimately, after the judgment attains finality or where there is no stay in the execution by any Appellate or Revisional Court, it is the Court of original jurisdiction which performs this sacred act of implementation of the execution.

Order 21 Rule 1 CPC This Order also provides

mode for executing the decrees and implementation of decrees.

The bailiffs are not authorities, but they implement the orders.

We have been told that the eviction will only be executed by the bailiff if a huge amount of bribe is paid.

You have been misinformed about it. You can make a complaint agaisnt them if they demand anything of that sort.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

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Advise on future steps to be taken by us.

With the help of your advocate, you may file a application under the said provisions of law for executing the decree, if our lawyer is not cooperating you can change the lawyer even at this moment.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

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How much do lawyers in Alipore Court usually charge for submitting an application for execution of court order for eviction?

The lawyer's fee cannot be predicted here, it depends from on lawyer to another.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

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Is it true that application for police help is entertained only in case bailiffs are unable to execute eviction order on their own?

The assistance of police may be sought if a stiff opposition is apprehended from the opposite party's side.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

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Execution proceedings take a few months to complete. The situation in West Bengal is rather pathetic when it comes to disposal of the cases. There is no need to pay any bribe to the bailiff. If the bailiff does not do his duty then file an application to the court to bring this to its notice,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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Application for police assistance will be allowed if the bailiff meets resistance on the part of the tenant.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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