Procedure after execution of warrant of possession
ss.k
(Querist) 10 January 2014
This query is : Resolved
Sir,
I submit that in a case in Delhi, the civil judge issued a Warrant of Possession by breaking lock. Accordingly, the said Warrant of Possession has been executed by Bailiff. As the the tenant was not in the tenanted portion for 1 and half month and particularly on the day of execution, the Bailiff with the help of local area police broken the lock and made a lift of items and handed over the same to landlord on superdari with the direction to handover the same to the tenant if he comes in near future or wait for 90 days and then apply to the concerned court for release of listed items from superdari. However, the Bailiff valued the whole items for Rs.15,000/-.Accordingly, the concerned civil judge on the fixed date sent the file to record after receiving the report about possession of tenanted portion. Further, it is also submitted that despite lapse of 10 days from the execution of WOP, the tenant has not yet come and we are facing difficulty to keep these items safely and also apprehending for any untoward incident. Please advise me the detailed procedure required to be adopted either for depositing the items to the concerned court/branch or disposal of the same at the earliest.
Dr J C Vashista
(Expert) 11 January 2014
Apply to the Executing Court for disposal of article/goods on superdari/possession of landlord.
Advocate. Arunagiri
(Expert) 11 January 2014
After expiry of the statutory period, you can file a petition for disposal of the property.
It is a cumbersome procedure, so engage a local advocate to conduct the case.
Rajendra K Goyal
(Expert) 11 January 2014
Only ten days have passed after possession, you can apply disposal after the expiry of the 90 days period.
T. Kalaiselvan, Advocate
(Expert) 13 January 2014
As suggested you may have to wait for 90 days as per law so that the procedure is omplete.
