• Tenant not vacating after court order

The court have given expedite judgement (the tenant didn't attend single hearing) to vacate the house and pay the arrears of rent.

My queries to all respected lawyers

1. If the tenant do not vacate the house or pay the arrears then what ?
2. how to recover rent arrears. I know i have to file execution petition against tenant  but how long will it take.
3.. Can I cut off the electricity , water , gas supply ?
4. What are my other options ?
Asked 1 year ago in Property Law from Delhi, Delhi
Religion: Hindu
1. File execution petition.
2. File a recovery suit separately.
3. Yes
4. pursue execution proceeding fast.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) you cannot cut of electricity , water , gas supply of your tenant 

2) you have to take out execution proceedings for recovery of rent arrears and for recovery of possession from the tenant 

3) execution proceedings may take a 1 year or so
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
5.0 on 5.0
Filing execution petition is the procedure for executing the court decree.

 You have to initiate execution proceedings for recovery of rent arrears and possession from the tenant. If they are not ready to obey the court order you can vacate the tenant from the help of Police aid. More than one year may take .Who pay the electricity bill and water bill .If you paid the bills then stop the payment ,the officials will cut . 
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
Execution petition  is the only remedy. Don't disconnect water or electricity supply to the house. You  are entitled to damages for unauthorized use of the premises by the tenant after court decree. If you do so you you will forgo your right to mesne-profit. 
since it is an ex-parte decree, court would issue a notice to the tenant of execution proceedings. It is of course going to take time but there is no alternative. 
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
5.0 on 5.0
1. Court orders are not advisories. They are binding obligations of law which are to be honoured at all cost.

2. If the tenant does not vacate and/or pay the arrears then initiate contempt of court proceedings against him.

3. Execution may take a few months.

4. You cannot cut the electricity or water supply unless the court permits you to do so,
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0