Tenant enjoying stay order without paying rent
Raj Kumar
(Querist) 11 April 2014
This query is : Resolved
Having won the eviction case in the first appellate court, the tenant preferred an appeal to the Punjab & Haryana High Court. The court admitted the case and stayed the eviction subject to the tenant paying the rent and mesne profits regularly. The tenant is still not paying rent to me since 2009. He may be depositing the rent in court but that in not within my knowledge. Are there provisions that he can be evicted on account of not obeying the court? Are there some judgments in support.
Devajyoti Barman
(Expert) 11 April 2014
File the execution petition. let them come up with proof of payment of rent so the stay remain continued. if they fail to show that execution proceeding will proceed further.
Dr J C Vashista
(Expert) 12 April 2014
1. If the tenant deposits the rent in court, you will get notice, before being allowed, however, recheck in the court.
2. File an execution petition in the court.
3. Besides this, move an application in High court for lifting of stay order on the grounds that he has not paid rent since 2009, which is again violation of directions.
4. You can further move a contempt of court petition in High Court for willful disobedience of court orders.
Advocate. Arunagiri
(Expert) 12 April 2014
What was the order of the trial court. Whether that court ordered to deposit the rent in the court?
Rajendra K Goyal
(Expert) 12 April 2014
Agree with the advise of experts and Dr J C Vashista ji.
Raj Kumar
(Querist) 12 April 2014
I, Landlord, lost the case in trial court. I won in the first appellate court. Its the High Court which granted stay of eviction subject to the tenant paying the rent and mesne profits. My question is-are there some court rulings to the effect that due to this non compliance of court order the tenant can be evicted.There is no order to deposit rent in the court.
Raj Kumar
(Querist) 12 April 2014
I, Landlord, lost the case in trial court. I won in the first appellate court. Its the High Court which granted stay of eviction subject to the tenant paying the rent and mesne profits. My question is-are there some court rulings to the effect that due to this non compliance of court order the tenant can be evicted.There is no order to deposit rent in the court.
Devajyoti Barman
(Expert) 12 April 2014
you are already advised on this issue..no not repeat the same.
Guest
(Expert) 12 April 2014
Well advised.
T. Kalaiselvan, Advocate
(Expert) 13 April 2014
agreed, please file an execution petition for recovery of rent, you will come to know about it then.
Sudhir Kumar, Advocate
(Expert) 12 April 2014
