You have nothing to worry since you have already got the order of vacating the tenant.
Now if the licensee fails to comply the order of court you can file execution proceeding whereby the court can enforce its order by way of police action.
Dear sir, I have rented my flat with registered leave & licence in Feb 2013 for 11 months but licencee fail to vacate my flat after expiry then I file suit now on 29th October 2015 I got order for Vacate & double the rent. My question is after got the order if licencee not vacate & not pay my rent dues then how many action I can take pls advise Regards Brijesh Mishra
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
You have nothing to worry since you have already got the order of vacating the tenant.
Now if the licensee fails to comply the order of court you can file execution proceeding whereby the court can enforce its order by way of police action.
Sir , what about my rent ? Please advise
The rent will also have to be paid in default of which the licensee may be put to civil imprisonment or his property may be attached.
The licensee will be liable to be prosecuted for contempt of court if he does not vacate even after the court order and/or does not pay the rent quantified by the court. So you can initiate proceedings for contempt of court against him.
Hello,
1) As you have already go an order of eviction and penalty against the tenant in your favour you can move an execution petition in the court to implement the order if the tenant refuses to comply with the court order. The court will pass an order to the local police to forcibly evict the occupier.
2) As far as the recovery of the rent arrears are concerned you will also get an order for its recovery when you move the execution petition. Make a prayer for the same.It could mean arrest of the defaulter or attachment of his assets or pass an appropriate order.
Hi, after the order of the court you have to file execution petition before the court, then court will order for possession of the property and also for arrears of rent through attaching his property.
1) if licencee refuses to vacate inspite of court orders you can take execution proceedings against the licencee for delivery of possession
2) the licencee can be evicted with the help of police if he refuses to vacate the premises
I have rented my flat with registered leave & licence in Feb 2013 for 11 months but licencee fail to vacate my flat after expiry then I file suit now on 29th October 2015 I got order for Vacate & double the rent. My question is after got the order if licencee not vacate & not pay my rent dues then how many action I can take.
First of all you have proceeded in a right direction and also have been favored with an order by the court. After passing the order, if the respondent has not preferred an appeal against the order within the stipulated time you may file an eP proceedings to enforce the executable order.
You may file an execution petition to take physical possession through court, if necessary with the help of local police.
Sir , what about my rent ? Please advise
For recovery of arrears of rent as well as the current rent also, you may file an execution petition for recovery either by attaching his salary by impleading his employer as a respondent/garnishee
or is he is not employed, you may try to attach his immovable property , if any as security or can file an application for arrest under order 37 cpc.