If tenant fails to vacate inspite of eviction order take out execution proceedings to evict tenant and recover rent arrears
How can I vacate the Tenant even after receiving the Judgement Order for the same when the Lawyer is not cooperating with the client? The reason is that the client has received the order from the court and given to the lawyer immediately. More info: The tenant has to vacate on 4/4/19. As the case is for 4.5 years old, the client followed up with the lawyer for the judgment order since the Judge ordered in March 2019. One day the client happened to get the Judgement order from the Court while enquiring in the court. She collected and give it to the Lawyer immediately with SMS to the lawyer all her movements within the court. But the Lawyer made it a big issue in the Court Delivery section. He is not cooperating with the client. Now the pending issues: 1) The tenant has to be vacated with an eviction order. 2) Rent arrears have to be collected as per the judgment up to a particular date. 3) There is another petition pending for the balance arrears from that date to another date. 4) Now again arrears since then till the day he vacates is to be collected. 5) In addition, 2 more cases filed by the Tenant that we should not disturb the tenant (OS) and we should restore the Water Pump Motor after repair (RCOP) cases should be closed.
If tenant fails to vacate inspite of eviction order take out execution proceedings to evict tenant and recover rent arrears
you will have to file an execution petition to execute the judgment passed in your favour
i do not understand why your lawyer raised objection when you got the judgment copy from court?
How can I get the job done by my lawyer? If he is not cooperating what should I do. Please advise me.
This order will be executed by the court and if your advocate is not cooperating then change the advocate and approch the court for execution of order.
If nothing happens move the writ to High Court.
not interested in your ratings!
for execution petition you can appoint a new lawyer
no need to take any NOC from your present lawyer to appoint new lawyer
the present lawyer was engaged for the matter in which judgment is passed
once final judgment is passed, the lawyer stands discharged, provided his fees, if any due to him, are paid
please appoint a new lawyer and have an execution petition filed
1. I wonder why are relying upon the same advocate when she is not showing much interest to implement the eviction decree.
2. So meet a new advocate and file an execution case.
3. It would be another new case wherein the court after service of summons upon the judgement debtor would issue rule to execute the eviction decree through its office.
3. if the officer of the court is resisted to vacate the property , the court would grant police help to execute the decree and to get your physical possession of the same.
You are at liberty to change your lawyer
2) contest the 2 false cases filed by tenant
3) file detailed reply that there is an eviction order passed against him and no appeal filed against said order . That he is bound to vacate the rented premises
4) that no question of repair of water pump motor arises as he is trespasser
See firstly you can politely talk to your lawyer if he fail to respond take a NOC from him and engage another advocate to file execution petition and in your other cases.
And further if he is not providing NOC complaint before the bar council of state.
You can take the certified copy of order and file execution. And through police help you can get him vacated
Engage another lawyer immediately as your lawyer is not a good lawyer and is greedy definitely he is demanding from you the money, if he raised objection to that give a complaint to the bar council to which he is registered to take action against him as he has not co-operated with you and instead cheated you.
The landlord may file a petition in the same court praying for appointment of an Advocate-Commissioner for eviction of the tenant and taking vacant possession of the property.
You can take noc from the lawyer. After giving him the remaining fee you take noc from him and engage another lawyer. The execution application has to be filed in the case for execution of the decree.
Regards
If the tenant is not vacating the property even after the lapse of appeal period then you may file an execution petition to execute the judgment passed by the trial court in this regard as per law.
If your lawyer is not cooperating properly, you may change the lawyer immediately and with the help of anew lawyer file an execution petition in which you may claim the recovery of arrears also from his.