DECREE PASSED BY COURT TO DEPOSIT RENT AND VACATE THE HOUSE

Querist : Anonymous (Querist) 07 July 2010 This query is : Resolved
Dear Sir,

I would like to know what happens if:-
1. Decree is passed against Tenant to vacate the house and pay the Rent to the Lanlord, and Tenant does not pay money to the Landord and does not vacate.

2. Can he appeal to the High Court without depositing the Rent.

3. What is period (how many months the notice is considered)as per law, after a decree against the Tenant.

Tks
Best Rgds
Ramlal

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Devajyoti Barman (Expert) 07 July 2010
Though not paying the arrears rent is a restraint for preferring any appeal but such non payment would debar the appellant to get the order of stay of the decree and hence you could execute the decree in the meantime.

G. ARAVINTHAN (Expert) 08 July 2010
if he file appeal and get an order of stay, there must be definitely a conditional order to deposit 50% of the arrears

Daksh (Expert) 08 July 2010
Dear Mr.Ramlal,

After a case is decreed then the two possibilities could be acceptance of verdict and compliance of the judgement of the court and otherwise invoking the appellate jurisdiction against the judgement. Failing which the execution proceeding will lie.

Best Regards

Daksh