Procedure after eviction order by sessions court

Querist : Anonymous (Querist) 18 August 2011 This query is : Resolved
Dear Sir,

Sessions court have order for evction of property on non payment of rent grounds and we have applied for execution of order in court.But ld court have given 3 months time for notice to tenant even though order passed by Distt sessions court already given six months time to vacate property.Date of Order by Sessions Court 20.12.2010 and time given to tenant in that order was six months i.e.20.06.2011.We applied for execution on 16.07.2011 in which court have given 3 months time.What steps we have to take for speedy execution of order.Punjab and Haryana High Court rule prevails as we are residing in Jagadhri(Haryana).Also please reply that notice is to be given to tenant is must.This is a commercial property.

With Regds

Ca Atul Gupta

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n.k.sarin (Expert) 18 August 2011
order of the execution court is binding on you

Raj Kumar Makkad (Expert) 18 August 2011
Notice from the executing court is must to be given to tenant/JD as per procedure of law. There may be an appeal against the impugned judgment and there might be stay order of High Court so it is mandatory to summon him and file his reply. You may demand 3 times of normal rent and mesne benefits during the period, JD vacates the property.

DEFENSE ADVOCATE.-firmaction@g (Expert) 18 August 2011
If appeal / revision is filed which is normally done and takes time for notice to come to you- the matter will be stayed till finalisation of appeal.

If the opponent has sought time and court has give time for payment of due rent and not possession as per higher court order than case will go on and on and on

Ravikant Soni (Expert) 18 August 2011
Giving time of three month is not a extension of time but for service of notice. Execution process takes time so dont worry. Follow the procedure.

prabhakar singh (Expert) 18 August 2011
experts are right,have patience,eviction does take time.

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