The refusal of a tenant to vacate the premises within the court-directed deadline would invite the use of police force to evict the occupant, the Supreme Court has said.
"This is a general direction we are passing because we are coming across several cases where the tenantsare not vacating the premises in question despite granting time by this court or despite furnishing an undertaking to this court with the 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," a bench comprising Justices Markandey Katju and Gyan Sudha Mishra said.
The bench said any liberty from vacating the premise could be granted if a plea is made to the court in advance. "If any extension of time to vacate is desired, that application should be filed well in advance," the bench said. The bench passed the order while dealing with a dispute between a landlord and tenant.
"This is a general direction we are passing because we are coming across several cases where the tenantsare not vacating the premises in question despite granting time by this court or despite furnishing an undertaking to this court with the 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," a bench comprising Justices Markandey Katju and Gyan Sudha Mishra said.
The bench said any liberty from vacating the premise could be granted if a plea is made to the court in advance. "If any extension of time to vacate is desired, that application should be filed well in advance," the bench said. The bench passed the order while dealing with a dispute between a landlord and tenant.
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