Tenancy

prerna (Querist) 22 May 2015 This query is : Resolved
I have suit going on in which my tenant is not giving me possession of the property despite agreement expired.he is asking for 8 lacs which he gave to my husband.me d my husband don't live together d property is in my name.cour has also passed decree of possession in my favour as no documents were presented showing wife has taken loan d know I have applied for execution.know the tenant has filled permanent injunction and recovery of 8 lacs in separate suit but with same judge.will injunction affect my decree of possession . Will execution go ahead

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ADV-JEEVAN PATIL, MUMBAI (Expert) 22 May 2015
Execution of decree should survIve

prerna (Querist) 22 May 2015
Do you feel injunction will be granted or not . In decree judgment court clearly mentioned wife not liable for husband debt.if the execution decree will survlve then will the cour issue warrant of possesion

malipeddi jaggarao (Expert) 23 May 2015
Defend the case filed by tenant for permanent injunction stating that the same court upheld that you were not not received any money.

Rajendra K Goyal (Expert) 23 May 2015
Defend he case on merits.

P. Venu (Expert) 23 May 2015
There is no nexus between the execution of the decree and amount allegedly given as loan to the husband.

By the way what does the repeated 'd' n your query stand for.

T. Kalaiselvan, Advocate (Expert) 26 May 2015
If the court has given verdict that the wife is not liable for the husband's debts, so shall be and the execution petition can be moved without any problem, go ahead with it.

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