Can I ask rent arrears during execution petition if I did not ask at the time of eviction suit
Situation : Sir,
I rented first floor to one tenant and ground floor two tenants .First floor tenant was not regular in paying rents. Ground floor tenants are in support of me. Both ground floor tenants were evidence in OS suit.I filled OS suit for eviction in Sept 2015.Rent is due since Aug 2015.During OS suit my advocate told me he will file petition for rent arrears and damages after winning the case. The os suit decreed in favor of me in November 2017 and given time to vacate within 6o days. Tenant did not vacate court ameena went with notice after 60 days but tenant did not care .
I filled Execution petition for police aid until now nothing happened other advocate intentionally prolonging with postponements. I told my advocate to file petition to pay rents in court. He submitted petition for the payment of rent. As usual arguments happened in the court other lawyer saying will not pay rents as it was not asked at the time of suit and asking to another 6 months’ time to vacate. Neither ready to pay rent nor ready to vacate. Since 3 years not paying rent in justice happening to me.
Please advise how can I get justice and kindly advice what section can I demand to pay rents and get police a
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You can demand rent arrears at any time and even during execution proceedings you can ask for the same. Police help can be extended by the court only when the tenant refuse to vacant the premises as per Court directions.
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