Decree and judgement clearly says possession has to be handed over by 2 months from date of judgement or decree
two months is over why do we need an execution pet ion, why not take possession forcibly?
why do I need to run around the courts in the name of execution petition apparently in the case judge is colluded with the tenant. is favoring for last 5 + years .
why is this not contempt of court, my tenant is not kid , he knows courts just toothless and nothing happens in India that is attitude, why not we file contempt straight away?
All that tenant is saying court is in my pocket just do whatever you can do
Asked 5 years ago in Property Law
Religion: Other
Decree says possession has to be handed over in 2 moths
Judgement also says possession has to be handed over in 2 months
Tenant has file petition in high court that is also vacated now.
when tenant has accepted the he received the decree and file application for stay in high court he acknowledged that he understood the decree or judgement.
If I understood correctly there is law enforcement in India. Execution petition is similar to O.S
you file petition then send notice ( wait for one month) tenant wont receive the notice because the clerk to postman everyone seems be managed( as the O.S notice was reach to tenant in 1 years after several times it returned)
Any educated person will not agree with the law as it is very clear that decree or judgement was not complied.
Judge should immediately give delivery order.. which was not happened , I am seeing this wont happen for any number of days or months due to inherent loopholes in the process.
Possibly we need a law change as soon as decree or enforcement date commences police should have automatic power to help house owner to hand over the key.
unfortunately nothing was done even in current BJP government.
Is there any other process to avoid the delay as many lawyers not interested to file contempt petitions due some unknown reasons.
Asked 5 years ago