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 ?

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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 .

Rajendra K Goyal (Expert) 12 December 2013
File execution of the Judgement.

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.

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