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Eviction Case Filed On Tenant Running In Trial Court Got Compromised


06-Apr-2023 (In Civil Law)
Sir, I need solution from you all experts i have filed eviction Case against my tenant the case ran for 3yrs & finally got compromised in National Lok adalat on FEB 8TH 2020 as per terms of tenant that tenant will leave within 3months From the Date of decree (Lok adalat compromised decree on FEBUARY 8TH 2020) which gets end on June 2nd agreeing to pay rent arrears by month by month but not yet received also got certified copy of court judgements I have few questions please answer all the questions 1 since the tenant affix his signature stating he will clear rent arrears & rent for present stay has not paid how can I get all these amount 2 since nation is under carona crisis & lock down if situation continues till June can the tenant give this reason & say unable to vacate & ask for more time 3 so if he buys more time where he has to put petition as already trial court has passed decree according to compromise petition also no appeal for Lok adalat or he has to go without fail
Answers (2)

Answer #1
524 votes
1. you can file excution petition before the court who has passed the decree for recovery of arrears of rent and rent for current stay. 2. the tenant can do so with your consent only. otherwise he is bound by the terms of compromise. 3. he neednot to file any fresh petition for extention of vacation period. it will be extended by mutual consent.
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Answer #2
863 votes
Q.1- You can file execution after getting the certified copies of lok adalat order as well as the final order of the concerned court where the matter was pending. You can ask for rent arrears and others as decided in the Lok Adalat's order. Q.2- Yes, it is a crucial time as the whole country is facing the situation of lockdown and it is obvious that your tenant would also affected from the same, and being a human you can give him some more time to vacate your property, only if you wants to. But he can also file an application before the court and ask for some extra time to vacate your property and the chances are very high that court may allow his application.
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