See in case he is not paying rent from more then 3 months then in that case you can proceed with eviction and recovery of rent as there is no surety he will.vacate the house or not.
Non payment of rent after compromise in session court
Dear Sir, I have filed an eviction suit against my tenant in 2015 and later on, in 2018, we both have comprised in session court in the condition that he will pay regular rent and vacant house by Aug 20. This compromise was done on Aug 18, and from Jan 19 he is not paying rent. I have spoken with my lawyer in this regard and he advises me to be silent till Aug 20 and later on, after vacation of the house on Aug 20 we will file a rent recovery case against him. Now I am worried that when we have compromised and the court has already passed decree order accordingly and he is not paying rent so on what basis I believe in the tenant that he will vacate the house on Aug 20. Please advice me what should i do now? Should i wait till Aug 20 for get house vacated or what? Below is the court order language after compromise:- 1. The tenant will pay regular rent to the landlord. 2.The tenant will vacate the house in Aug 20. 3. This order is decree
Asked 6 years ago in Property Law
Religion: Hindu
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11 Answers
Your lawyer is misguiding you. You must file execution proceedings
You should wait till August 2020 if tenant refuses to vacate premises and take out contempt of court proceedings against tenant
2) issue legal notice to tenant to pay arrears of rentals
3) if he fails to pay sue tenant to recover arrears of rent
- If, the said suit was decreed , then you have option to file Execution Petition before the court , for the compliance of the said decree orders.
- If, the said suit was withdrawn/compromised , then due to non payment of rent by the tenant , you should file Eviction petition against him .
- If, you will wait for the vacation /handing over the possession to you by the tenant , then there is possibility of non servie of recovery suit , due to non traceable address.
- Further, there is also not gurantee to vacation by the tenant, hence it is advise , you should proceed for relief.
Good luck and dont forget to rating Positively.
You can file contempt of court giving reference of decree and ask money with interest. Or immediately vacate from your property.
Poor advise by lawyer, after vacate of property he will be gone, where you will run after him, waste of time in recovery suit which will take more time.
File eviction now, till Aug 20 you will get eviction + rent just after filling eviction petition in single suit. Why file useless recovery suit.
You should file execution petition for the orders passed by district court. Because tenant is not paying rent regularly that is why he should vacate the premises with immediate effect.
you can file a contempt proceedings against the tenant before same Court regarding non compliance of court order.
You can file a contempt petition against him the session court for non compliance of the decree
Although it is very difficult to formulate a concrete opinion without perusal of the compromise deed and the order, if any, passed thereon by the court as also the decree, yet as he has not obeyed the compromise made in the court you can file execution petition to execute the decree passed by the court. A separate suit for recovery of rent will have to be filed against him.
Since the tenant has stopped paying rent from January this year, you may file a contempt of court petition against the tenant besides a recovery suit for the defaulted rental amount till this date. For this you do not have to wait until Aug-20.
You file a petition for contempt of court order mentioning that the tenant failed to obey the court order by not complying with the court order and stopped paying the rental amount.
