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Q.Tenant eviction Stay order with High Court
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Q. Tenant eviction Stay order with High Court

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Anonymous

posted 3 months ago

We are Landlord EP ordered but Tenant got stay (CRP)from Madras High court, during the time Tenant got expired & case Listing was postponed, legal heirs are staying in house.

What landlord should do ?
What is next procedure to complete the case ?
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Showing 3 of 3 Responses

A. The contract of tenancy got extinguished claim immediate possession

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A. Dear client kindly provide more details for better advice. There are lot of questions are not clear in your query.

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Deepak Bade

Experience: 9 Year(s)

Responded 3 months ago

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A. Sir there are a few unanswered questions here.

1. Is the tenant paying the rent.
2. What were the grounds for eviction.
3. Is the tenant paying the rent to the rent controller or to the court.
4. Is the tenant complying with the directions of the court.

However with your query this is what I can offer

1. If the tenant deposits the rent in the court then you shall get a notice before being allowed, however it is always advised to recheck in the court.
2. You can file an execution petition in the court.
3. Besides the execution petition you can also move the high court by way of an application praying for uplifting the stay of the tenants on the grounds of not complying with the directions of the High Court or on the grounds of non payment of rent etc.
4. You can also move a contempt of court petition for willful disobedience of court orders.
However, the above advice is based upon satisfaction of the questions asked above which have not been mentioned.
Thanks
Shreyash Mohta

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Shreyash Mohta

Experience: 1 Year(s)

Responded 3 months ago

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Anonymous

Replied 3 months ago

Dear Sir,
Thank for your response...
Below some your query and
1. Tenant not paying rent.
2. Eviction ground for Not paying Rent & Own purpose.
3. No , not paying rent anywhere...
4. No,
Some case update
1. EP order by District court for position, during the period tenant filed CRP in Madras high court for stay. Last 2 yrs case is listing with high court at the last listing our tenant expired.

By question is here...

What landlord should do after tenant death ?
What is next procedure to complete the case ?

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Shreyash Mohta

Experience: 1 Year(s)

Replied 2 months ago

Sir if you want the tenant to leave the premises and is not paying the rent then you can as i said file an upliftment of the stay and claim for immediate possession on the grounds of non payment of rent even after the directions of the court which are not complied with.
Thanks
Shreyash Mohta

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