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monika verma (housewife)     28 February 2015

Eviction case

eviction case is going on in court, as tanent not paid rent and electricity bills since last 7 months, nither vacating the house even after expiry of agreement

 

what if tanent run away  with family without paying pending rent and other bills,  during eviction case going on in court. and his households goods are inside the property, and seems like he ran away  with his family by taking some of bags?



Learning

 6 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     28 February 2015

Dear, Tell the court to ask the tenant submit the desired amount in the court as a surety if he fails to pay or run away in future... If he runs away you have nothing to do .... Kapil Chandna Adv 9899011450

monika verma (housewife)     28 February 2015

and if he run away not by submitting the desired amt. and locking the property with his household goods inside. then wht about eviction and wht abt his house hold goods?

Advocate Ravinder (Advocate/Attorney)     01 March 2015

If the tenant run away with some of the households, then you have to file a petition before the same court stating the facts that some of the household are left in your premises and that you want to give that portion to somebody.  The Court will form a list of the households keep them in the court with lock and seal.

 

Relating to the pending dues of electricity and rents, you can file petition before the same court.  You can recover the same by attaching his properties, movable, immovable or from his salary.  If you do not find anything, you are helpless. 

 

You can also give a police complaint before the local PS against the tenant for cheating and fraud.    

monika verma (housewife)     01 March 2015

Thanks a lot ravinder ji and kapil ji

monika verma (housewife)     01 March 2015

Thanks a lot ravinder ji and kapil ji

T. Kalaiselvan, Advocate (Advocate)     03 March 2015

If there are arrears of rent to be paid or the electricity charges not paid for long, you may file an IA for realisation of the same in the same suit seeking the court direction to direct the respondent/tenant to pay them.  If the tenant is not paying even on the orders passed by court, you may file execution petition to recover the same through his known source of income.


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