No , Police has no role after the Court verdict.
You Please approach the court for contempt of court order against the tenant which has passed the decree.
Tenant not vacate house after completion of period
Dear Sir, I have filed an eviction suit against my tenant in 2015 and later on, in 2018, we both parties have comprised in session court in the condition that he will pay regular rent and vacant house by 3oth Aug 2020, This order also decreed from the court. This compromise was done on Aug 18. Now only 3 days left in period completion but still, he didn't vacate my house, Kindly suggest what procedure i have to follow after 30th Aug to vacate him from the house and how much time it will take. Also, he is not paying any rent from Jan. 19. 1. Please suggest a procedure to vacate the house. 2. Please suggest procedure to claim due to rent. 3. Should i directly go to local police station on 31st Aug to vacate house.
Asked 3 years ago in Property Law
Religion: Hindu
18 Answers
Issue legal notice to tenant to vacate premises by 30 th august as per consent terms filed in court
2) if he fails to vacate take out contempt of court proceedings against tenant for failure to vacate premises and arrears of rent
3) police would not intervene and direct you to approach court for necessary reliefs
You need to first send her eviction notice. If not vacated after notice file case of eviction against him
You go as per your point 3.
You should directly go to local police station on 31st Aug to vacate house.
Hello,
- You can move an execution petition in the same court that passed the decree and take the order to the concerned police station to get him vacate.
- In the execution petition you can inform the court about the non payment of arrears and seek court's directions. Send him a notice to make payment immediately.
- You can go to the police directly with the copy of the decree and request their help.If they ask you to get an order of execution, you will have to move the court with an execution petition and get an order accordingly.
Sir if he has not been paying any rent since Jan 2019, why did you not take any action.
1. Not paying the rent for 2 months is a ground for eviction.
2. File an application before the court.
3. Go to the court and file contempt charges against him for not abiding by the courts order.
1. Since your matter is a Civil Matter, the Police have no legal jurisdiction to do anything in the matterr.
2. Based on the earlier session Court Order & compromise document, you have to file a "Execution Proceedings (EP)" in the same court, who will issue directions to the Police to open house lock, conduct Panchnama of articles inside the tenanted premises, evict the tenant and lock the house, photograph proceedings with witnesses and then hand over key of empty house to you and then file compliance report in court.
Send him a notice to quit , if not complied file an eviction suit .
Send him legal notice to vacate the property as per compromise court decree and if not vacated than you will be constrain to initiate contempt proceeding against him for violating court order.
When he was not paying rent from JAN 19, you should have filed execution and contempt petition for his immediate eviction at that only. He is already at default, you need not to wait for 30th Augguest and send notice immediately.
Include demand of rent also in the legal with interest. Police have no role in such matter, still can try with some influence.
1. File execution proceeding to implement the decree.
2. In the execution case the court can attach his property.
3. Police has nothing to do with this. You would only waste name.
1. If not vacate house , then file execution petition/application before the same court for getting police assistance .2. Same as reply 2
3. No, The court has power to give you police assistance only in the execution proceeding. .
Dear Sir,
You are suggested to file the execution of the said decree in the court.
File execution petition in the same court against the decree with the help of your lawyer and get the warrants for attachment issued for recovery of rent and bailiff appointed with the help of police to take the possession.
1. You can file an execution petition to execute the orders of the sessions court in this regard.
2. You can file a suit for recovery of rent
3. The police will not interfere in the civil matter, hence you may have to depend upon the court procedures alone.
You have the decree. If he doesn't vacate the property then file for execution immediately. He has to pay the pending amount.
File the execution of the decree for vacating the premises.
Also file an interim relief application for instantly vacating him
- To vacate the house you can simply served the vacate notice with the decree attached to it. if he still not do so, then you can file execution suit to vacate the property.
- You can use security deposit(if any) for the rent, if it is not sufficient for due rent, then you can file assumpsit case to recover the rent. Along with this, you can also claim interest accrued on the rent.
- Doesn't need to go to local police station, served a notice to vacate the premise, if he still doesn't vacate, you can file the execution case. execution of the decree of Aug18.
you can file an execution petition before the same court where you obtained the decree. The court will issue notice to the erring tenant and ask him to comply with the court order failing which the court appointed authority will evacuate the tenant from the house and handover the possession to you.
