• Rental agreement forgery

I have given my property on rent to certain X with a monthly rent basis but the X forged the registrar documents & stated that the rent is for a year and got a stay from the court as I registered a criminal case against the X ,the civil case in which he got stay got dismissed and I filled an eviction suite &15a petition got allowed and court ordered him to deposit the rent neither he deposit rent in the court it's more than 3 years how can I get my property back
Asked 6 years ago in Property Law
Religion: Hindu

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11 Answers

See if he has not followed the court order file for contempt of court petition and further pursue the case for eviction of the tenant from the premises. What is the present status of case filed by you?

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) take out execution proceedings to recover possession of your property and arrears of rent 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

What you are waiting for 3 years. File execution petition. Also file eviction petition for wilful default even after court order.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

You have won from the civil court. File a contempt against him for not obeying the law.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If you got a decree for eviction, you have to initiate execution proceedings

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

You can execute the order and take possession of the house through police machinery

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Dear client 

You have to file Execution petition in the eviction order in the court from which the order was passed. Is execution petition the court order him to pay the rent till date and also to evict him from the property.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

whether u have file execution petition in court. 

You can also file contemp of court. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Hello Sir,

Please be advised as follows:

In your case, Order 21 Rule 42 of Civil Procedure Code States that where you have decree as to inquiry as to rents or mesne profits or any other matter, the property of the judgement debtor may, be attached.

Section 51 of CPC (Order 21 Rule 38) states that the opposite party can be arrested and detained in prison after giving him an opportunity of show causing why he should not be committed to prison.

Order 21 Rule 97 of the CPC entitles the decree holder to make an application in the court is if he is resisted or obstructed by any person obtaining possession of the property.

 

Please revert in case of any query.

Thank you 

 

Harshit Singh Jadoun
Advocate, Noida
68 Answers
2 Consultations

You file an execution petition to execute the court order following the prescribed rules and procedures in this aspect.

Discuss with your advocate on this.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

  1.  As per the information mentioned in the present query, makes it clear that there is the clear violation of the court order by the tenant.
  2. You can now surely get the possession back by filing a suit for eviction before the civil court of law as he has not paid the rent even after the order of the court of law and also pray for outstanding rent including internet on it.
  3. In fact, this also amounts to contempt of court for not complying the order of the court to pay the rent for which he can be held liable by the Hon’ble High Court.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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