• Illegal possession of property by tenant - lease term expired

I gave my house on rent in Vikaspuri, Delhi on Company Lease. The tenant somehow stole the company letter heads and prepared the lease. When I asked to vacate the property after 11 months contract expired the tenant started giving excuses and continue to stay illegally. Finally I filed a case in Tees Hazari where I also added the company as defendants whose letter heads the tenant forged. The company also gave in writing to the court that the person was never employed by their company and judge dropped the company from the case.

court verdict came and defendant was asked to pay the outstanding rent and also vacate the house by 15/3/2015. if they fail to follow execution can be used is there in the order. Tenant has not yet followed the court orders and did not pay rent as per the date in the court order. Last date to pay outstanding rent was 15/01/2015. Now I am planning to file execution with police protection. how long tenant can still hold my property illegally in this case?
Asked 2 years ago in Family Law from United States
Religion: Hindu
1. Has any penal clause been incorporated in the agreement for not vacating the premises on time?  As per the order of the court the tenant is obligated to vacate the property by 15.03.2015, failing which you can apply for execution of the order through police intervention. Police protection will be given at the first instance. 

2. The possession of the tenant has already been held illegal by the court against whose order he has not filed any appeal.

3. Apply for execution after 15.03.2015 i.e the last date for the tenant to vacate the property. 

4. Execution proceedings would take around 8 months to a year in Delhi.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
1) court has granted time to tenant to vacate premises by 15th march 2015 . 

2) if tenant fails to vacate on due date and no appeal is filed against order take execution proceedings to obtain vacant possession of your premises 

3) similarly if tenant has failed to pay outstanding rent you can take execution proceedings for recovery of your arrears
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
If the tenant was granted time till 15th then you must wait until 15th March 2015. if the tenant does not vacate the premises by the due date and no appeal is filed against the Order passed by the Trial Court or if the appeal is filed however no stay of the trial court order is granted, you can proceed and file the execution application to obtain the vacant possession of the premises. 

Since the Order has been passed for vacating the place, until the Order is stayed by the Court or reversed in appeal, the tenant must vacate the property by 15th March or until the execution proceedings are over.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1. The tenant has been allowed to stay in your premises upto 15.3.2015,

2. File execution petition after 15.3.2015 for vacating the premises and also paying the arrear rent,

3. You can aslso lodge a police complaint agaisnt the tenant for cheating you by forging the letter head of the company for getting the lease executed on behalf of the company.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Hi,
1. File the Execution petition after 15/03/2015 for the order of vacating the premise, 
2. since he has not made the payment arrears by 15/01/2015, you can move execution application to get the rent amount.
3. If he has not filed an appeal , i.e, if you have not received an intimation, you should file EP to recover the rent ordered.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hi, it is better you can file a caveat to the High court so that he may not get ex-parte order of stay and he may go to the High Court challenging the order passed by the lower court and seek extension of time and therefore you have to file caveat through the advocate

2. Secondly, after the expiry of the time granted by theHon'ble Court if the tenant does not paid the rent file Execution petition for recovery of arrears of rent  and also attachment of property and also file a application for police protection.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Before the expiry of 15.3.2015 you can not file execution case. Mere violation of court's order is no ground to file execution since the court has not made it a ground for filing execution case before 15.3.2015. Wait till 15th March, 2015. It is for your good only.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) has  the tenant given undertaking to court that outstanding rent will be paid by 15th january 2015 

2) if so you can file  contempt of court proceedings against tenant .

3) consult your lawyer and take further proceedings as advised 

4) appeal can be filed for stay of order of trial court on grounds that tenant was forced to sign the consent terms . .that tenant was not aware of the contents of consent terms etc
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
1. There are two orders i.e. one for paying the outstanding rent by 15.1.15 and another is for vacating the premises by 15.3.2015,

2. You can not file a execution petition for vacating for tyhe reason that he has not paid the outstanding rent by 15.1.2015 as per the order of the court,

3. Wait till 15.3.2015 for filing execution petition for both part of the order.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. If the tenant undertook before the court to pay the rent on or before 15th January 2015, and he has violated his own undertaking, you may file contempt proceedings against him.

2. The tenant can file an appeal in spite of the undertaking, if any, he gave before the court. 

3. Initiate execution after the last date for vacating the property.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
1.	Wait until 15th March 2015 for vacating the premises
2.	Now you can file Execution petition for arrears of rent.
3.	if the tenant does not vacate the premises after 15th March 2015  and not paid the arrears of rent and tenant and no appeal is filed against the Order passed by the Trial Court  you can proceed against Tenant and file the execution application to for vacating the premises
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
Execution petition comes into force after lapse of time given in the order.  So you must wait till March 15. The issue of Non payment of rent can be raised by you by an application for interlocotory order that  deposit the rent in the court. After March 15 you will have right to file execution petition.
Shivendra Pratap Singh
Advocate, Lucknow
2797 Answers
41 Consultations
4.9 on 5.0

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