Need separate case against tenant or not

This query is : Resolved 

12 October 2018

Land lord ask to vacate premise.Tenant file title suit.Get injunction.
Case is pending for 10 years.Tenant neither paying rent to land lord
nor in the court (rent control) .In the court two ground already proved.

1)Reasonable requirement.
2)Will full defaulter.

We have file counter claim for eviction 6 month ago (still pending for hearing).
My question is , we have to file separate eviction case or this suit
will evict tenant.We need this premise for own use.

Isaac Gabriel (Expert)
12 October 2018

You have already initiated action.Instruct your lawyer to expedite the same.

Dr J C Vashista (Expert)
13 October 2018

What is the opinion and advise of your lawyer?
Tenant shall remain always a tenant and can not step into shoes of landlord/ titleholder (owner).
Tenant can not obtain injunction as stated by you, re-check with your lawyer.
If you have lost faith in your lawyer change him immediately.

Dhingra: (Expert)
Click to Talk
13 October 2018

You can file any number of case, but you are not clear even in your present query, more particularly, when you have not mentioned, what your lawyer is doing in the case for the last 10 years and what is the specific reason that you have appeared at the LCI to ask your query after 10 years of filing your case in the court?

Sayan Poddar (Querist)
13 October 2018

Dear Sir, Laywer not faulty.The court give date after 8 to 10 month later almost all case.Some date magistrate is not present , some date opponent is not present.Put up pettition is not allowed .

Bhaskaran Advocate (Expert)
23 April 2019

Your question is not clear. However I presume that the tenant is claiming the title to himself. Only then he can file an Injunction suit against a landlord. Further he has to pay stamp duty for whatever fake document he produces claiming title and the suit cannot be injunction simpliciter but should be for declaration. A simple injunction suit without declaration will fail.

For eviction you need to file a separate eviction suit in a small cause court if it is a residential property.

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