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Evict recalcitrant tenants by using police force: SC

Last Updated: Tuesday, May 17, 2011 - 20:06

New Delhi: Coming to the aid of landlords,
the Supreme Court has ruled that recalcitrant tenants can
be forcibly evicted by the police if they fail to vacate the
premises within the deadline given by the court.

A bench of justices Markandeya Katju and Gyan Sudha
Mishra said that it was passing the extraordinary order as it
was vexed with the increasing number of cases in the country
where tenants are refusing to vacate despite orders from even
the country`s highest court.

"We further make it clear that when this Court allows
the petition/appeal of the landlord or dismisses the
petition/appeal of the tenant and grants some time to vacate
the premises in question and if the tenant does not vacate
within the time granted, the tenant shall be evicted by
police force.

"This is a general direction we are passing because we
are coming across several cases where the tenants are not
vacating the premises in question despite granting time by
this Court or despite furnishing an undertaking to
this Court with a result that the landlord has to initiate
contempt proceedings or any other proceedings.

"Hence, we give a general direction that when tenant`s
petition/appeal is dismissed and he is given time to vacate
then on the expiry of that time, he will be evicted by police
force if he does not vacate of his own. If any extension of
time to vacate is desired, that application should be filed
well in advance," Justice Katju writing the judgement said.

The apex court passed the order while dealing with an
interlocutory application moved by a tenant Ram Prakash Sharma
seeking further time to vacate his rented premises.

"In the facts and circumstances of the case, time to
vacate the premises in question is extended till 31st
August, 2011 and if the tenants do not vacate on or before
the said date, they will be evicted by police force," the
bench said in its order.

Early last week the bench had summoned Delhi`s
Additional District Judge Archana Sinha for giving a stay on
the eviction order passed by the apex court.
Furious at the judge`s conduct, the court had directed
the Chief Justice of the Delhi High Court to initiate
disciplinary action against the lady judge.


First Published: Tuesday, May 17, 2011 - 20:06
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