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Swathi Shekaar   05 April 2020

eviction suit

Hi, all experts need your opinion & solution
I'm a lady house owner in mid 50's filed eviction suit against my tenant for not vacating my premises after rental agreement expired

The eviction case last for 3years & got compromise on FEBUARY 8TH 2020 IN NATIONAL LOKADALATH as per terms of lessee that he will vacate house within 3months from the date of decree (FEB 8TH 2020) which gets end on June 1st agreeing to pay rent arrears by month by month but not yet received also got court judgements certified copy & have few questions please awaiting answers for all questions from you all experts

1 since the tenant affix his signature stating he will clear all rent arrears & rent for present stay month by month in the compromise petition has not given arrears, rent how can I get all these amount?

2 since nation is under carona crisis & lock down situation & if situation continues upto June can the tenant give this reason & say unable to vacate & ask for more timeor he has to vacate at any cost as per compromise decree?

3 so if he wants more time where he has to put petition as already trial court has passed decree according to compromise petition & also no appeal for LOKADALATH decree as its final & binding?

4if he does not vacate on or before June 1st then I have to put execution petition in trial court if suppose I put EP is there any chances of trial court giving tenant again more time to vacate due to carona crisis if so how much or the court immediately ask him to vacate as per national lok adalat decree

Plz I want answers for all these question will be waiting eagerly thanking you all


 2 Replies

Real Soul.... (LEGAL)     05 April 2020

If you file execution petition the court shall execute the decree as it is and executing court cannot go beyond decree,means thereby court cannot extend or minimise the time period nor can lessen or increase the amounts.

It is better you fuile the EP and get the decree executed by making the tenent to vacate the premises/

advharminderdhankhar   06 April 2020

u can get all his rights as per settelment by filling execution petition

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