Hi - Im the landlord of a commercial complex and have won a eviction case against the tenant in RLTOP case under the New Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenant Act (TNRRRLT) 2017. We filed eviction case that we dont have intention to renew the agreement and asked for eviction as the rental agreement is expired and we did not sign a new agreement. Judge has allowed my petition and ordered tenant to "vacate and handover the property within 1 month from the order date , failing which landlord has the liberty to take necessary proceedings through court process" So , as per the order time given for the tenant to vacate is already passed , but have not vacated and continuous to stay and deposit the rent. Our advocate is recommending to file execution petition to evict the tenant, and my advocate says the tenant will go for appeal and get stay against eviction order in the appellate court. Our advocate says the in the appellate court the judge will give stay immediately in favour of tenant against the eviction order and we will have to win in the the appeals case and then conduct the execution petition. Also my advocate says that our execution petition will be put on hold till the appeal case is completed as there will be stay. I asked if we can file caveat upfront to delay the stay so that we can complete the execution petition- but my advocate says filling caveat does not make any difference and the stay will be given. I dont have any intention to fight the appeals case which will again drag the time. Is there anyway that i can delay the appeals case stay and get the execution petition completed and get the tenant vacated Question: 1. Is it possible to for us to delay the appellate court from issuing the stay on the eviction order by filing caveat and in the mean time get the execution petition case completed, If i file the caveat , how much time can i maximum delay getting the stay 2. How long does the execution petition take to complete as per the TNRRRLT act 3. Is there any way we can expedite the execution petition and penalize the tenant for purposely delaying (like ask for compensation for this delay). 4. from which date are we legally allowed to file execution petition (from the date of order or date to which is allowed to vacate or 1 month from the receipt of certified copy) 5. is there any other loophole that tenant may use to even further delay the eviction even after the execution petition and what precaution we need to take while getting the execution petition. 6. Is there anyway to get the execution also added in the main eviction case while filling for any eviction cases next time against other tenants Any other suggestions to get the tenant evicted fast Thanks very much in advance.
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You should act as per lawyers advice
2) file execution petition and of appeal is filed execution gets stayed
3) execution process takes time and you cannot delay appeal process by filing caveat
4) disposal depends upon pendency of case in your city
5) file for execution after period of one month .you will need certified copy of offer fir filing execution petition
6) tenant advocate may remain absent and taje needless adjournments .object to adjournments
You have to file an execution petition under XXI CPC before the same court that passed the eviction order.
The court will then issue warrant for delivery of possession (bailiff will come and evict the tenant with the police help, if required).
The tenant can of course file an appeal before the Rent control appellate authority (sub court). If he files a stay petition also along with the appeal the appellate court may grant an exparte stay if you are not present.
You can file a caveat petition by which the court cannot pass any interim order or stay without giving you notice and hearing you.
A caveat is valid for 90 days and renewable.
Whatever, after the expiry of one month period, you can very well file an EP, but immediately file a caveat petition before the appellate court to safeguard against exparte stay. If the tenant files an appeal you will get notice and can strongly oppose the stay by highlighting the long pendency and landlord's hareships.
If you feel that your advocate is not guiding you properly or scaring you with unusual effects, you can change the lawyer and proceed as suggested.
If the EP and also the appeal is properly followed up without any delay from your side, you can get both the cases disposed expeditiously
Filing a caveat to delay appellate court stay and complete execution petition:
Filing a caveat in the High Court or Appellate Court generally only ensures you receive notice of any petition filed by the tenant. It does not prevent or delay the court from granting an interim stay against the eviction order if the tenant applies for it. Courts of appeal usually grant automatic or prima facie stays in such cases. Hence, a caveat alone is unlikely to meaningfully delay the stay and allow completing execution.
Timeline for execution petition under TNRRRLT 2017:
Execution petitions for eviction are summary and prioritized under the Act. However, actual timelines vary based on court workload and tenant resistance. Typically, execution can take anywhere from 3 to 6 months or longer if the tenant contests or eviction is forcibly resisted.
Expediting execution and penalizing delaying tenant:
You may request the court for expedited execution on grounds of tenant's willful delay and disobedience of the eviction order. Section 21 of the Act and CPC Order 21 provide for contempt and liability for delaying execution. Courts can impose costs or penalties and authorize physical eviction by police assistance.
Date to file execution petition:
Execution petition is usually filed after the expiry of the vacating period in the eviction order (i.e., one month from order date or the specific vacate date). Practically, filing soon after the tenant fails to vacate post expiry is advisable.
Other tenant delay tactics and precautions:
Tenants may file frivolous appeals, seek interim reliefs, or obstruct physical eviction. It is prudent to ensure strict proof of the non-vacation and compliance with procedural notices. Also, prepare for bailiff or police assistance in physical eviction authorized by the court order.
Including execution in main eviction case:
Usually, execution is a separate proceeding post judgment. However, procedural directives can be sought to merge or fast-track execution linked with eviction suit especially during initial petition stage, but this depends on judicial discretion and local court practice.
Additional suggestions:
Maintain detailed documentation of all notices and tenant defaults.
Coordinate closely with your advocate to promptly respond to tenant appeals or stay applications.
Consider an application for contempt or coercive measures for tenant non-compliance.
Seek police assistance authorized by court order for physical eviction if necessary.
This legal guidance is based on the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 and relevant procedural law.
You need to seek execution with police help and evict him
1. Appeal is a matter of right and creation of statute and none can stop it. File caveat and EP.
2.It has to be completed within 6 months
3. Let him deposit the rent and there is a clause for compensation as per the latest act.
4. From the date the certified copy is made ready.
5. Appeal is the only right.
6. Impossible.
G.Rajaganapathy
Advocate
High Court of Madras.
Based on TNRRRLT Act 2017 provisions, here are answers to the key questions about expediting tenant eviction:
Execution Period: Court must dispose execution petition within 30 days from service of notice under Section 23 of TNRRRLT Act.
Caveat Effectiveness: File caveat immediately - it's valid for 90 days and prevents ex-parte stay orders, requiring court to hear the landlord before granting stay.
Yes - caveat can delay stay for up to 90 days by preventing ex-parte orders. Court cannot grant stay without hearing the landlord.
30 days maximum under TNRRRLT Act Section 23 for disposal once notice is served.
Double rent as compensation for overstaying tenant under TNRRRLT Act provisions.
File execution petition after 1 month from eviction order date (vacation period expired). Need certified copy of order.
Object to unnecessary adjournments by tenant's advocate
Ensure batta payment to avoid dismissal
File caveat immediately in appellate court
Not possible - execution petition is separate proceeding after main case disposal.
Immediate Actions:
File execution petition now (vacation period expired)
File caveat in appellate court before tenant appeals
Demand double rent as compensation for overstaying
Success Probability: High if properly followed up - TNRRRLT Act provides faster disposal mechanisms compared to older rent acts.
The 30-day execution timeline and caveat protection significantly favor landlords under the new TNRRRLT Act.
File both execution petition + caveat, then actively contest appeal for early disposal. Even if tenant gets stay, you can press for condition of depositing rent at market rate or arrears during pendency, which may make the tenant rethink dragging.
1. Caveat petition is not for delaying the appeal , and it is just for informing you if the said tenant filed appeal or any other case before the Court.
2. If one month already passed and the tenant has not vacated the premises then you should file the Execution petition without any delay or waiting for his appeal.
3. Yes, if there is no stay granted by the Appellate Court to the said tenant then you can get the possession on two hearings.
4. You can file the Petition just after the expiration of the date of eviction mentioned in the Eviction order.
5. File the Eviction Petition
Dear Client,
Since you already have a clear eviction order under the TNRRRLT Act and the one-month period has expired, you are legally entitled to file an Execution Petition right away to seek delivery of possession, along with a request for police aid and mesne profits/compensation for overstay, and while your tenant will almost certainly appeal and ask for a stay, filing a caveat only ensures you get heard before any stay is passed but cannot prevent the appellate court from granting one; practically, execution may take 3–6 months depending on court workload, and though tenants often raise delay tactics through appeals or objections, you can safeguard yourself by keeping all lease expiry documents ready and by pressing for market-rate compensation for the overstay so the financial pressure builds on the tenant even if there is some delay in actual eviction.
I hope this answer helps you. For any further queries, please do not hesitate to contact us. Thank you
