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pawan   30 June 2017

Tenant refused to obey court order/decree

Sir, 1. We have a flat in Delhi which we gave on rent 4 years ago. Now when we ask the tenant to vacate it, he refuses to do so. 2. Then we file a court case and after fighting the case for one year, Hon'ble Civil Judge signed an order to vacate and hand over the premises in January 2017, but the tenant didn't follow court order. 3. So, we file another case in the court and the judge appointed a bailiff to implement the order. The bailiff went to the premises to request the tenant but the tenant refused to obey court order. 4. we then obtain an order to break lock and police aid to implement the order. 5. We went the rented premises again with appointed Bailiff, the tenant was at home and refused to open door for us. 6. we requested the Bailiff to break the door/lock. The Bailiff also refused to do so saying that he had order to break lock only and not for break door. He asked us to obtain fresh order with break door permission. 7. Now even after more than six months (June 2017) passed after the court order and we have no sign of reliff. Please tell me that (1) did the bailiff did wright thing to refused to break door, if not what action we may take against him. (2) is the court capable of imposing any penalty on the tenant who returned bailiff two times or to cease his goods. (3) what should we do now. Thanks 

Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp



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 7 Replies

Adv. Vaishali Harish Gore (job)     30 June 2017

does any appel made by the teanant against court order?

Siddharth Srivastava (Advocate)     30 June 2017

The plea as taken by bailiff is flimsy. bailiff has full power and authority to break open the door also to take forcible possession of property in order to implement the court order. You may lodge complaint against the bailiff to the concern authority and continue pursuing your execution petition. 


(Guest)

you shoul consdier going for a execution petition and then can take the help of POLICE . do not delay.

was thre any appeal filed?

 

pawan   01 September 2017

The tenant did not filed any APPEAL to any higher court against order made by Civil Judge in January 2017 ................................... execution petition was filed by us (landlord) in febuary 2017 after one month of the court order ........................................... Two different Bailiff visited to the rented primes at a gap of three months, later one was with police aid and break lock orders ............ But no one could execute the orders.

Siddharth Srivastava (Advocate)     01 September 2017

You are not right path. In fact you had filed execution petition wherein court had appointed baliff with order of breaking lock but baliff has taken a false plea that he has no order to break the door. Breaking lock implied breaking of door. In your execution petition file an application for police aid and also breaking open of lock/door. You can request the court for speedy disposal. Sidharth 9811776422

pawan   07 September 2017

Pleade tell me.... whether the court (execution) is capable of imposing any penalty on the tenant for "contempt of court order" passed in January 2017 or not ..........

pawan   07 September 2017

Pleade tell me.... whether the court (execution) is capable of imposing any penalty on the tenant for "contempt of court order" passed in January 2017 or not ..........

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