• Tenant not paying rent after compromise agreement

Dear sir, i have filled eviction suit against my tenant and after all arugements stages before final debate me and my tenant were compromised on the terms that my tenant will vcate house in aug 20 and till then he will pay rent regularly to my account. Same order was issued by session court and we done decree order on that decision.
Last four months i have rent regulary but in this month i have not received rent.
I need help as i think my tenat will create issue again as he has not deposit rent in this month.
Please tell me precaution steps to be taken at this time. Should i sent him notice or should i reopen my case or what should i do .
Thanks
Asked 6 years ago in Property Law
Religion: Hindu

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14 Answers

You can file contempt of court petition if he contempts the order of court and file execution and vacate him

Prashant Nayak
Advocate, Mumbai
34538 Answers
249 Consultations

See you can give him notice to pay rent and further if after august he fails to vacate the premised you can file an execution petition for execution of eviction order.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. If decree of eviction is passed then ouster of eviction is matter of time.

2. So after the time elapsed for agreed time for quitting the premises then you are free to file execution proceeding for implementing the decree.

3. So file the execution case wherein the court first through its officials and then with the police aid would oust the tenant to hand over the physical possession of the premises. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Issue tenant legal notice to comply with consent terms 

 

if he fails to pay take out contempt of court proceedings against tenant 

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

Is there any default clause in compromised decree, in case of default by tenant, immediate eviction? Or something.

Well, issue demand notice with the condition to evict if not paid in 7 days  and any further default in rent will cause immediate eviction. 

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Issue a legal notice through an advocate and file contempt of court against tenant. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear client,

First, send him a legal notice then file a suit for election or for Recovery of rent amount.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

1.  Issue Legal Notice to Tenant giving him 15 days to clear all outstanding dues.  IF he fails THEN file again before the court.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Hi,if you have withdrawn your case ,then you have to file it again on the similar grounds ..In future it is advisable to obtain PDC cheques , so that if any cheque bounces you can initiate a criminal complaint also 

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

 In Noorali Babul Thanewala v. K.M.M. Shetty, a tenant committed breach of undertaking given by him to the Supreme Court to deliver vacant possession of certain premises. The Supreme Court held the tenant guilty of contempt. Hon'ble V. Ramaswami, J., delivering the judgment observed: (SCC pp. 265-66, para 11) "11. When a court accepts an undertaking given by one of the parties and passes orders based on such undertaking, the order amounts in substance to an injunction restraining that party from acting in breach thereof. The breach of an undertaking given to the court by or on behalf of a party to a civil proceedings is, therefore, regarded as tantamount to a breach of injunction although the remedies were not always identical. For the purpose of enforcing an undertaking that undertaking is treated as an order so that an undertaking, if broken, would involve the same consequences on the persons breaking that undertaking as would their disobedience to an order for an injunction. It is settled law that breach of an injunction or breach of an undertaking given to a court by a person in a civil proceeding on the faith of which the court sanctions a particular course of action is misconduct amounting to contempt."

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. If a compromise decree was passed by the Rent Controller/Appellate Rent Tribunal then you can file execution petition to execute it and recover the possession of property.

2. So far as arrears of rent is concerned a suit for recovery of money will have to be filed by you.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear sir

The rajasthan rent control act section 9 consists provision for eviction of tenant on of the condition is that if tenant does not pay rent for 4 months that tenant can be evicted from the premises.

But as you are telling the decree has been passed till Aug 2020 and if it is not specified condition for not paying rent the you have to wait for 4 months until you can proceed legally against your tenant. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You cannot reopen the case since the court has given time till Aug 20th.

You can issue a legal notice demanding the rental amount, let him give a reply after which you can even file a contempt of court action for not complying with the court order.

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

Dear Sir,

To evict a tenant in India through court can take many years as the Act which governs the tenant eviction process has not changed or amended since it was enacted . Suits for eviction generally get derailed because of technicalities, legalities and processes involved in the proceeding of the court.

Rather the process for getting Injunction against forcible eviction is quite easy, at the beginning of the dispute the tenant has the upper hand or advantage as according to Specific Relief Act 1963 it is the tenant who is suffering more in this situation.

But if the landlord’s or owner’s lawyer has followed the right procedure then it is expected that the tenant will get evicted in 10–15 dates in court . Right from sending the notice, to execution the landlord or owner and his lawyer have be on their toe as the Acts which deal with the eviction process are very technical and your one mistake can certainly cost your precious time and energy.

UP urban building regulation of letting rent and eviction act provides the time period of min 6 months to max 18 months for the disposal of the application under sec 21 (1)(a).

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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