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

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]

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

legal fees vary depending upon lawyer engaged by you

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.

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.

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.

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.

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.

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,

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