Suit property let out by judment debtor
Anjali Arya
(Querist) 12 December 2013
This query is : Resolved
A Judgment Debtor is bound to vacate Suit Property.
During his occupancy, he erected a room on First Floor and let out on rent. (We did not know about this, before the Decree was passed)
Now a person lives in that room and he is not bound by the Decree.
Whether it will create some problem in execution of the Decree ?
What to do ?
ajay sethi
(Expert) 12 December 2013
how is it that as landlord you never took inspection . ? execute decree to obtain vacant possession of suit property .if unauthorised construction carried out by judgement debtor complain to muncipial corporation . get it demolished . take out separate proceedings for eviction of sub tenant
Anjali Arya
(Querist) 12 December 2013
JD is not a tenant but ex-licencee.
I have Decree directing JDs to vacate and handover the keys to me. And if he fails to do so, I can evict him through execution.
ajay sethi
(Expert) 12 December 2013
ok . you must state facts of case clearly . a licensee cannot sub let the premises or carry out unauthorised construction .
Raj Kumar Makkad
(Expert) 12 December 2013
You need not file a separate suit rather file execution petition and insert the sub-letee in the same petition.
