• Eviction of tenant

I live in South Kolkata. My grandmother filed eviction suit against our tenants on the ground of non payment of rent in the year 1997. The defendants/tenants at first contested the suits but then stopped appearing in the suits. My mother is the plaintiff after the death of my grandmother and my father . In one of the suit we have got exparte decree against the tenant while the others are pending. Now we have filed execution case. There are 10 tenants and they are very aggressive & are like goons. They have political backing also. As per civil procedure the court bailiff first comes to give possession and if they cannot give possession then one has to file another Misc case for granting police help which takes another 1 to 1.5 years. We are very sure that without police help the tenants cannot be evicted. Kindly suggest how to get police help straightway? What is the role of police in evicting tenants (I have heard that the police only remain stranded while court bailiff himself have to evict tenants)? What if we cannot evict those tenants even by police help? Kindly suggest what would be the best possible way to evict those tenants?
Asked 1 year ago in Civil Law from Kolkata, West Bengal
1) has the court passed orders that tenants have to vacate premises within stipulated period? execution proceedings take time 

2) The Supreme Court has ruled that recalcitrant tenants can be forcibly evicted by the police if they fail to vacate the premises within the deadline given by the court.

A bench of justices Markandeya Katju and Gyan Sudha Mishra said that it was passing the extraordinary order as it was vexed with the increasing number of cases in the country where tenants are refusing to vacate despite orders from even the country’s highest court.

“We further make it clear that when this Court allows the petition/appeal of the landlord or dismisses the petition/appeal of the tenant and grants some time to vacate the premises in question and if the tenant does not vacate within the time granted, the tenant shall be evicted by police force.

“This is a general direction we are passing because we are coming across several cases where the tenants are not vacating the premises in question despite granting time by this Court or despite furnishing an undertaking to this Court with a result that the landlord has to initiate contempt proceedings or any other proceedings.

“Hence, we give a general direction that when tenant’s petition/appeal is dismissed and he is given time to vacate then on the expiry of that time, he will be evicted by police force if he does not vacate of his own. If any extension of time to vacate is desired, that application should be filed well in advance,” Justice Katju writing the judgement said.

The Supreme Court passed the order while dealing with an interlocutory application moved by a tenant Ram Prakash Sharma seeking further time to vacate his rented premises.

“In the facts and circumstances of the case, time to vacate the premises in question is extended till 31st August, 2011 and if the tenants do not vacate on or before the said date, they will be evicted by police force,” the bench said in its order.

Early last week the bench had summoned Delhi’s Additional District Judge Archana Sinha for giving a stay on the eviction order passed by the Supreme Court.

Furious at the judge’s conduct, the court had directed the Chief Justice of the Delhi High Court to initiate disciplinary action against the judge.
Ajay Sethi
Advocate, Mumbai
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rEPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION 
I.A. NO.3 OF 2011
IN
CIVIL APPEAL NO. 5310 OF 2010
Ram Prakash Sharma ..Appellant
versus

Babulal irla (D) By Lrs. & Others ..Applicants/Respondents

O R D E R

Taken on Board.

Heard learned counsel for the parties.

In the facts and circumstances of the case, time to 

vacate the premises in question is extended till 31st August, 2011 and if the tenants do not vacate on or before the said date, they will be evicted by police force.

We further make it clear that when this Court allows the petition/appeal of the landlord or dismisses the 
petition/appeal of the tenant and grant some time to vacate the premises in question and if the tenant does not vacate within the time granted, the tenant shall be evicted by police force. This is a general direction we are passing because we are coming across several cases where the tenants are not vacating the premises in question despite granting time by this Court or despite furnishing an undertaking to this Court with a result that the landlord has to initiate contempt proceedings or any other proceedings. Hence, we give a general direction that when tenant's petition/appeal is dismissed and he is given time to vacate then on the expiry of that time, he will be evicted by police force if he does not vacate of his own.

If any extension of time to vacate is desired, that application should be filed well in advance.

The Interlocutory Application is allowed accordingly.

.....................J.
[MARKANDEY KATJU]

NEW DELHI; ..........................J.
MAY 12, 2011 [GYAN SUDHA MISRA]
Ajay Sethi
Advocate, Mumbai
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After getting the decree against the tenants and filing execution petition,  take the help of Police and based on the legal document, Police will help you to evict the tenants.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
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1. No miscellaneous case is required to be filed for obtaining police help. Also it wont take 1 year for the court to grant police support. 

2. In the execution case itself you can ask the court to grant you police assistance. If the police also fails to evict the tenant then this would be the end of the rule of law, which I am confident wont happen.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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File an application in court for Police help then send copy of order to the DC or SP and deposit the Police Cost in Treasury and copy file to court. Execute the Court order by police and bailiff help to evict the tenant, it will take time  2-3 months.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
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Hi, you have to use little bit force in eviction proceedings or other wise you can not get the possession of the property.

2. You know the procedure to be followed and you can't over take the procedure and even though the police help will sought it is better you have to hire some other people to take possession of the property.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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1. This is the problem all of us face in kolkata while trying to evict tenants even after availing court order,

2. File application for police help,

3. If you can not eveict those tenants with the help of police, file a writ petition before the high court against police inaction praying for the direction upon the police to forcibly evict those tenants within a certain period and report about the eviction before the High Court on the next date of hearing.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
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