• Leave and licence

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
Asked 2 years ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
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.
Devajyoti Barman
Advocate, Kolkata
10750 Answers
133 Consultations

5.0 on 5.0

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.
Devajyoti Barman
Advocate, Kolkata
10750 Answers
133 Consultations

5.0 on 5.0

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.
Ashish Davessar
Advocate, Jaipur
21789 Answers
595 Consultations

5.0 on 5.0

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.
S J Mathew
Advocate, Mumbai
2173 Answers
100 Consultations

5.0 on 5.0

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.
Pradeep Bharathipura
Advocate, Bangalore
4447 Answers
191 Consultations

4.3 on 5.0

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 
Ajay Sethi
Advocate, Mumbai
38720 Answers
2174 Consultations

5.0 on 5.0

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.
T Kalaiselvan
Advocate, Vellore
28710 Answers
299 Consultations

5.0 on 5.0

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.
T Kalaiselvan
Advocate, Vellore
28710 Answers
299 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer