• Eviction of tenant after case disposal

Dear Balaw Sir,
I am in need of your guidance to proceed our civil case. We have given a small shet for rendal for wood craft shop and we requested them to vacate our premisses in 2008 by giving 6month time. Since he is our relative we didnt put any agreement. After 6month he and his wife filed a case against us on 2008 and saying that he cant vacate then we too filed a case to vacate him and her on 2009. His case was dimissed in 2014 and we got a judgement in our case in 2016 saying that he has to vacate the premises woth in 2 months time. But he did not vacate and he didnt go for appealing also, hence as per our lawer guidance we filed an execution petition on 2016 and still it is ongoing. While judgement he went to abroad and his wife was here hence he was set to ex parte and he came back now and currently EP is ongoing and he is requesting court to include him (and set ex parte aside). Our lawer is suggesting to include him because he is claiming that he didnt know about case status and didnt informed and didnt receive any summon and asking court to enquire post man to prolong the case. What is your suggestion and how to handle this now?
1. Is it possible to seek help from police to evict tenant by quoting supreme court order
2. Is it advicable to include him (accept set aside exparte) and run a case. Again How long it will take for conclusion?

Thank you...
Regards,
Mohanraj
Asked 4 years ago in Civil Law

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14 Answers

1. The eviction execution is going on the court shall order there eviction can provide police help in case if he denies. It is direct provision under order 21 rule 97.

2. Why to accept?? Contest that he should.not be allowed as he was aware of the order of hon'ble court and he has not acted according to the order so he shall be evicted as early as possible.

Also if the summons is served summon in his house received it so you can wait.for post office report

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Better verify if the summons was served on him if it was then file objection to not to allow him to come on record since he was aware of proceedings where his case was dismissed and your suit was decreed giving him two months to vacate premises.

If he has not received summons the.court would not Placed him exparte as such he may have received summons from court. If he is resisting execution file application under order 21 rule 97 to provide police help to evict him

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1)you can seek police help in eviction

2) do not agree to setting aside exparte order

3) it would take years for case to be disposed of

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Police will support only after court orders the police to help you to take delivery of property as such only after the order of court police will come into picture

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. I wonder what you were doing for the last 2 years in the execution case.By this time it should have been executed and the tenant must have been thrown out of the house.

2.To do this now apply for police help so the court officer gores to execute the decree with the police personnel and if they resist the police can literally throw them out of the house.

3.There is no need to include anyone at this stage as that would frustrate your case.I f anyone occupying the house he/she will also be evicted in the execution of the eviction decree. Your lawyer is not adivising properly.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You should press for early disposal in court. Then on order place a application for police help if tenant resist to evict the place. The court shall grant it.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. You have already filed an execution petition which is still pending in the court. No Supreme Court judgment will cut short the process of execution petition.

2. The actual remedy in your hands is to file a petition in the High Court to seek directions to the court below to expeditiously decide the execution petition. No other remedy is available to you.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

You need court orders for Police assistance in eviction

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Now as EP is pending the police may not help you.

Initially when there was no appeal against the order to evict and he has not released the property immediately you have filed the contempt also along with the this.

Now as well you may do this and file a writ in the High Court of a mandamus to order for execution or speedy proceeding.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Dear Sir,

My answers are as follows:

1. Is it possible to seek help from police to evict tenant by quoting supreme court order

Ans: You need not voluntarily implead him as a party since he is already passed ex-parte. Let him come on record if he wish to be on record. By filing application under section 151 CPC police help can be sought from the executing Court stating that the judgment debtors restraining to execute the Court order.

2. Is it advicable to include him (accept set aside exparte) and run a case. Again How long it will take for conclusion?

Ans: Once he is placed ex-parte it is for him to file necessary application to set aside such ex-parte order. If he come on record the matter may be dragged for another 6-12 months.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Your lawyer is right. Follow his advice. Once EP is allowed, police can help clear the encroachment.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Your Advocate is giving you right suggestion and you must proceed accordingly.

Police help can not be taken till you get the execution order in your favour, once the dispute is settled then only police help can be taken and that too with the order of the court.

Through one application of impleadment his name can be included.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Police will not agree for the help since the matter is covil in nature.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can file a strong objection to his petition seeking to set aside exparte order.

Let the court decide the same on merits.

Do not express no objection to his set aside petition.

You can put pressure on court to allow you to have the benefits of your property at least after one decade of legal battle which was successfully won by you.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

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