Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sridhar V Sridhar (Employee)     03 August 2022

Rental act- when to file execution of order petition

Q: On the basis of below judgement, when should I file Execution of the Order Petition?

Q: Can I claim further rent due after the date of first eviction suit filed to till the date of eviction?

Q: If the defendant failed to pay amount and he has no property, what final action should I take on him as against the amount not paid as ordered by the honourable court? 

Nature Of Disposal : Uncontested-DECREED WITH COSTS

Disposal Date : 21-07-2022

Judgment Is Pronounced Vide Separate Typed One. In The Result, Suit Is Decreed With Costs, Directing The Defendants To Vacate The Suit Schedule Property Forthwith. They Are Further Directed To Pay Rs.3,40,000/- With Interest At The Rate Of 12 Percent Per Annum To The Plaintiff Till Its Realization.



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 3 Replies

Dr J C Vashista (Advocate)     03 August 2022

Q: On the basis of below judgement, when should I file Execution of the Order Petition?

A. You may file execution petition 90 days (appealble time) after the date of judgment.

Q: Can I claim further rent due after the date of first eviction suit filed to till the date of eviction?

A. In terms of judgment you are entitled for rent till the date of taking over possession of demised premises.

Q: If the defendant failed to pay amount and he has no property, what final action should I take on him as against the amount not paid as ordered by the honourable court? 

A First of all seek possession and then get warrants of attachment of movable and immovable assets of JD. In case of failure to satisfy EP seek warrants of arrest of the judgment debtor / tenant. 

 

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Sridhar V Sridhar (Employee)     04 August 2022

Great explanation, clarified my doubts, thank you sir. 

Dr J C Vashista (Advocate)     05 August 2022

You are welcome Mr. Sridhar V Sridhar.

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