Execution

Adv B.B.Gambhir #9814820602 (Querist) 09 May 2015 This query is : Resolved
naresh kanta filed a execution for specific performance of contract for registration of sale deed and possession against sucha singh. in that execution proceedings, sale deed executed. At the time of possession, the tanent objected and refused to deliver the possession and filed the objections in the court.

Can tanent's objections are maintainable?
what is the remedy for the decree holder in this situation.

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Dr J C Vashista (Expert) 10 May 2015
Although the tenant is in the possession yet he can be directed by the court to vacate and hand over possession.

Rajendra K Goyal (Expert) 10 May 2015
Vacating orders against tenant has to be taken from court.

Advocate Bhartesh goyal (Expert) 10 May 2015
Yes tenant can file objections u/ o 21 r 97 of cpc in execution petition and court has to decide firstly the objections on merit of case.

malipeddi jaggarao (Expert) 11 May 2015
Agreed with Expert Mr.Bhartesh Goyal.

T. Kalaiselvan, Advocate (Expert) 11 May 2015
The tenancy rights if protected, the tenant can very well file a petition objecting to the EP under the referred provision of law.

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