you can take out execution proceedings to recover your money by seeking to attach her bank accounts or any immovable property standing in her name
Action against a landlord - can I claim movable property/income
I had paid Rs.4.0 lakhs in 2012 to a landlord as advance for buying a house. For some reason the agreement didn't get thru. Landlord said she is going to forfeit the amount. Since that term was not in the advance agreement, we both went legal and case was won by me. This was an ex-parte judgement. Later the landlord applied and a misc. case was allowed and fought. Here also the judgement was in favour of me (This is about an year and 3 months ago). Judgement was to pay money along with interest. Court Amina could not find her place of stay (she was staying in a rented house) to serve the next set of execution notice. My advocate says we cannot file an application with court for recovery of movable property which is the house. He also says we cannot file an application with court for recovery of rent from this house (which is now occupied by tenants). Is this correct? What measure can I take now assuming I will not be able to find the landlord?
Asked 8 years ago in Civil Law
7 Answers
Hello,
Yes you can claim the same, and for the same provision of order 21 of the CPC are to be followed, kindly contact some able lawyer with all the documents in hand so that your case can be filed and argued in the best possible manner.
The property can be attached and the rent can be claimed for the payment of the amount.
Regards
Yes, the immovable property can be claimed in the execution proceedings and the rent accruing thereupon can be made payable to you for the realisation of the money.
Contact a local Lawyer with complete paper book.
Hi, if she is not available to recover the amount and the court believes that she is delebrately evading court summons , the court has the power to attach her personal bank account and property to recover the amonunt
You may change the lawyer.
EP application needs to be filed after attaching the house with money recovery suit.
We can discuss. pls book a call with kaanoon.com.
If you have the details of the property of the judgement debtor, you may file a petition seeking attachment of his properties towards charge on the same.
This will make her to rush to you for settlement.
