Raj (PM) 21 March 2013

Collection of pending rent from tenant eviction execution

Dear Sir,

In my case, small causes court issued Eviction order for non-payment of rent by tenant and now we are going to eviction execution order. Now, tenants has huge outstanding rent 5lakhs+ and how can i collect this money after executing the eviction order.

I have to file separate petition in the court to recollect the pending rent?

Kindly advice

Regards

Raj

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4 Replies

Advocate Ravinder (Advocate/Attorney) 21 March 2013

You have to file recovery of money suit.

Raj (PM) 22 March 2013

Thanks Ravinder.

I have few more clarifications required, appreciate if you can help and advice - It took 3 yrs for me to get this justice from lower court.

1. where do I file this recovery money suit in the same lower court or have to approach to High court?

2. Again it will go for trail or how long it will take to get justice or final verdict? Is something separate commitee to consider all these suit ?

Can I file this as soon as the tenant vacate the house or before also i can proceed ?

Note: Eviction execution order is still pending

Jobs (PM) 26 April 2013

I would like to talk to you, I do have same problem.

9677245287

Hitender Thakur (moderater) 01 November 2013

Has the issue been decided that the tenant is in arrear of rent? it yes, then how much rent is needed to be recovered? Remember your petition under Rent Control Act was to eject the defaulter tenant from the premises that you have done. You could have filed recovery suit simultaneously in order to save your time but you didnt do that. Now only remedy to recover the rent is to file Recovery suit against the tenant in the lower court.