Eviction ordered by the Court within 30 days
SATYANARAYANA K
(Querist) 21 December 2009
This query is : Resolved
Respected All Experts, one client approach me for suggestion, please suggest, my client have a shop, gave it for rent to "x" but x gave sub lease to "Y". here x used to pay rents to my client for 1 year. "Y" did not pay rent to X. after some time my client filed a suit for recovery of Rent for 8 months on "x", subsequently the Hon'ble Court ordered in favour of my client but the "x" did not pay, later Eviction suit is filed On "x" by my client the Hon'ble Court was ordered Eviction order on "x" within 30 days, my Quarries are (1) if "Y" not eviction the premises within 30 days, then what is the my client position (2) Is it "Y" comes under Civil Contempt of Court or not (3) Is liable for punishment "x" but actual possession in the premises "Y" (4) how to execute the order On "X' or "Y" (5) if any other remedy kindly suggest, i am waiting for your valuable replies
Devajyoti Barman
(Expert) 21 December 2009
1. File a case for execution of the order.
2. Y does not fall under contempt proceeding though he having derived his right from the judgment debtor is bound to be evicted through execution by police help.
3. No question of punishment only eviction. Y being the sub-lessee the eviction decree applies to him also.
4. File execution case under order 21 of CPC and ask for Police help to evict the x and/or y.
SATYANARAYANA K
(Querist) 22 December 2009
Thanks to all experts for your prompt reply.