Tenant not vacating even after eviction order from court.

Querist : Anonymous (Querist) 27 June 2022 This query is : Resolved
My tenant has not been paying rent from an year plus and hence i approached the court , the court after the due procedure passed an eviction order . My tenant is still not vacating after the court eviction order and taking advantage of court summer holidays since i cannot file execution of order in court until it re opens , On top this his attitude is still much same , he is saying he will approach high court which ultimately will lead to nothing but him sitting in without paying rent for few more months.I filled eviction suit and will seperately file for recovery suit though the court has assessed rent of 9+ lakhs until march 2022 . What is the remedy of people who exploit law for its delay . He is also into some small time cricket betting which i complained to police and they say you get us evidence we will take action.

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A landlord is facing a difficult situation where a tenant has ignored a court-ordered eviction and is delaying vacating the property, potentially for several more months due to court holidays. The tenant is also threatening further legal action, despite owing a significant amount in back rent. The advice suggests that while appeals are a statutory right, tenants may be required to deposit outstanding rent when filing. The landlord is encouraged to consult their lawyer for specific guidance on enforcing the eviction order.

Dr J C Vashista (Expert) 29 June 2022
Summer / Winter vacations are limited to a number of days for which you will have to wait, do not be so impatient.
Appeal is a fundamental right of an aggrieved person.
Consult your lawyer to have managed to get to eviction orders from the Court.

P. Venu (Expert) 29 June 2022
Yes appeal is a statutory right. Rent laws in many a State require the tenant to deposit the outstanding rent amount while filing an appeal. Please verify.

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