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Author Topic: Owner won the case on tenant-But tenant not vacating...How to proceed  (Read 755 times)

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  • Newlaw
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Hi All,

We(Owner) have a  farmer (Tenant-1) who is farming our land.
After Tenant-1 has expired his son(Tenant-2)  has leased the land to third person(Tenant-3) Without Owner permission. When questioned, Tenant-2 started giving harsh response to Owner. So,Owner decided to farm his land by himself and updated Tenant-2 regarding the same.Then Tenant-2 had filed a case against Owner on 22-02-2013  saying that "Tenant-2 and Owner has a oral agreement of lease till 2015 and owner is breaking that oral agreement".

The court has finally DISPOSED the case on 14-07-2016 and provided judgment in favor of Owner.

Now suddenly Tenant-3 started saying that ,he has lease agreement with Tenant-2 till 2020 and he will not vacate the land.

Owner is afraid that if Tenant-3 put a case in court ,then Owner need to wait another 3.5 years for judgement.

Could any one suggest how Owner should proceed.


Offline advbanani

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Re: Owner won the case on tenant-But tenant not vacating...How to proceed
« Reply #1 on: August 11, 2016, 09:03:01 PM »
have you filed for execution of the court order?

now that you have won, the tenant is a trespasser not a tenant any more he can be forcibaly evicted by police assistance
Adv.Banani Mukherjee"
Jodhpur High Court
Accident Claim and Cheating cases

Offline adv.amarnath

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Re: Owner won the case on tenant-But tenant not vacating...How to proceed
« Reply #2 on: August 18, 2016, 01:49:33 PM »
You have to file execution case before the concern court within 12 years and court will throw away the tenants

Amarnath Sanyal
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Offline rajgopal sripathi

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Re: Owner won the case on tenant-But tenant not vacating...How to proceed
« Reply #3 on: August 22, 2016, 07:06:45 AM »
Now that you have obtained a favourable order, you have to file an execution petition for the order.
Since you have the order against tenant 2, it will be binding on tenant 3 also. so no worries
file an EP petition and then get the tenant vacated from your property.
No worries.
Rajgopal Sripathi


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