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 in Property Law from Delhi, Delhi
1. File execution petition.
2. File a recovery suit separately.
4. pursue execution proceeding fast.
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
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 .
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.
Advocate, New Delhi
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,