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How to get a premises vacated if the case has been disposed off


25-Apr-2023 (In Landlord/Tenant Law)
As i have filed a case in 2012 for vacation of a place which was rented. As i am the landlord, The judgment was disposed on 2015 for vacating the place in one month. But my lawyer said that he has appealed but according to the statement, his appeal date was 5 months later than the judgment day. now its being 6 years since case filed and his appeal papers are not in our hand. Please advice me how do i make him vacant the place now.
Answers (3)

Answer #1
869 votes
Hello Sir,
Your foremost task is to find out the status of the Appeal filed by the tenant upon your case Judgement, Which An Advocate would be able to help you out easily. Depending upon the Status can you make a decision as to how to proceed. If appeal is pending, you've to fight it out. If it's disposed in your favour then you can file an execution petition to vacate him from the premises.
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Answer #2
786 votes
The court order obtained in your favour has to be examined in order to render a proper advice. Please ask the lawyer who filed your suit for a copy of the court order. Alternatively, you may get it from the court registry.
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Answer #3
752 votes
if you are the landlord and if you have an order to vacate the tenant from the premises, you can very well execute the Order. but you have mentioned that your lawyer has failed to file an appeal beyond the period of limitation which is what i am unable to understand. whatever it may be, right now you have a case in favour of you and you have all the right to vacate the tenant from the premises.
with regard to filing of appeal of appeal beyond 5 months from the date of judgemement, there is always a provision for condone delay and the delay can be condoned.
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