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UContinuing on my previous [thread](https://www.reddit.com/r/LegalAdviceIndia/comments/1ekfnzo/sad_reality_of_a_brokendown_justice_system/).
Finally the tenant vacated after HC stay lifted and DC order for execution. Battle 1 – won after a long, hard, mentally and financially draining round.
Now for the next battle – recovery of the unpaid rent. Two aspects here – first, the HC had ordered him to pay rent during the stay period. Second, the rent pending for the period prior to the stay period.
First one sounds easy enough to recover (HC orders are supposed to carry some weight), but apparently **the HC order is worth it’s weight in paper (ie nothing). This was a very big eye-opener.**
Now (on the advice of my new lawyer), I filed a contempt case, which is dangling for a year because it gets listed at the bottom of the cause list and ‘tareekh pe tareekh’ with 4-5 rosters changing in between. I’ve also been told by my (new) lawyer that the contempt case will not result in the recovery of rent, but just some mild ‘punishment’ to the tenant, if it ever gets heard.
At the DC end – court refuses to penalize tenant as per provisions of the registered rent agreement, and has curtailed the recovery amount to the amount pending as rent. So in effect, **the terms of an agreement registered in a court of law, are not upheld by that court itself?**
My own case makes me think – apart from the fear of God and the value system – **what stops anyone from staying on rent for free, potentially forever?** The legal system on the other hand seems to reward such persons!
**Legal advice needed:**
1. What can I do to ensure that my case is heard in the HC instead if it getting pushed to the next hearing every time? And do such contempt cases result in just a slap on the wrist?
2. How can I push my case in the DC to ensure I get my due for all the headache the tenant has given me? Or should I just be happy with whatever I get (if at all) and move on?
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