PROCEDURE TO VACATE TENANT AFTER JUDGMENT

RANGANATH (Querist) 18 October 2010 This query is : Resolved
Dear Sir, Madam

I have filed a eviction suit to vacate tenant shop 5 years back. Tenant has not paid the rent from 6 years till now.He has to give me 5 lacks.

Judgement has come, it says that tenant has to vacate the shop within 3 months and he has to pay the rent within 3 months.

1> Now what is the procedure to vacate the shop, How the court will support me

2> How to recover the rent

3> What is the fees Tenant has to pay if at all they want appeal to the HIGH COURT 5 lacks.

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Devajyoti Barman (Expert) 18 October 2010
1. You have to file another case for execution of the decree wherein the court with the aid of the police personnel, if necessary, will get the suit property vacated.
2. If you have to file another suit for recovery of the rent amount if the decree was granted not on the ground of default.
3.The Fees varies from one State to another. Generally it is on the valuation of the suit. The high Court generally directs to pay the appellant a part of the arrears rent while granting stay of the judgement and decree.

pawan sharma (Expert) 18 October 2010
i file exicution in the which pass the decree u/O-21 cpc.
ii. in the same execution suit no need for seprate suit.
iii. the same which you paid in the lower court.

Rajeev kulshreshtha (Expert) 18 October 2010
Right.

Advocate. Arunagiri (Expert) 18 October 2010
Pls tell me whether you have filed the RCOP case or under CPC.

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