• Illegal possession on property

My father bought a property around 14 years ago from the owner but tenant have the possession at that time. So, we filed a case and won the case in City Court as well as High court 6 years ago . We have all the correct documents but tenant still have the possession and always issue a stay order on our every action. We are still fighting for possession. Kindly advise.
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

You can get the stay vacated from the same Court depending on the merits of the case, however with out knowing the details of the case we cannot make any conclusive comments

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

If there is any stay order passed you cannot regain possession of your house

2) you have to wait till stay order is vacated

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Sir since you won the case and in case there is no stay from the supreme court or high court then in that case file for the execution of the order to get the possession of property. As for possession there is only civil remedy so you can press your case before the court and pass an appropriate order.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello

The rent control act must be applicable in your case. You must have won from the hc. You should show the order to the police and authorities and if they do not respond then file a contempt in the hc against them.

Regards

Rahul Mishra
Advocate, Lucknow
13755 Answers
65 Consultations

5.0 on 5.0

Why is getting stay order unnecessarily?

Have you filed an execution petition to execute the court order, to evict the tenant.

What is stage and status of case?

What's your lawyer's opinion on this.

Without knowing any details it would not be proper to give any opinion.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

When stay order is passed you cannot forcible dispossess your tenant

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

1. Did your father not file the execution petition to execute the order of eviction?

2. Even if the property has been sealed by the government it did not preclude your father from filing the execution petition. The seal could have been opened by filing an application before the District Magistrate, and if he did not allow it to be opened then appropriate relief could have been sought from the civil court or High Court.

3. File the execution petition.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Sir give an application before the District Magistrate to open the seal and at the same time execution can be filed the seal on property doesn't bar you from filing execution petition

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

This is my response to you:

1. If the tenant is getting the stay order then you have to approach the supreme court as method of last resort;

2. If the tenant still refuses then take help of police and take legal action;

3. Ask the police to vacate the premises and use force if necessary.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

If he has obtained stay order then yo have to file a counter to it and get the stay vacated

You cannot file an execution petition during the stay order.

You may be in touch with your advocate in this regard and proceed as per the necessity.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

you should file a petition in the HC for speedy disposal of this case and a free and fair investigation.

regards

Rahul Mishra
Advocate, Lucknow
13755 Answers
65 Consultations

5.0 on 5.0

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