the fact of the case are that one person obtained status quo order against true owner but the real factor is that he neither a tenant nor in possession of suit property but after this order and with malafide intention he attacked on actual tenant and sons of owner to take the possession of the suit property
after this attack actual tenant filed an another civil suit for restraining the accused for taking possession forcibly and Hon'ble court issued restrained order in favour of actual tenant but after consideration stay application was dismissed on the ground of concealment of facts
now we filed an appeal against that order so now i want to any get any suitable judgement of apex court or any high court pls give me the same
main issue two separate suit 1. x person vs true owner 2. actual tenant vs x person & others 3. second suit without mentioning ist suit due to reason that he is not party in that suit & he had not any knowledge about the same 4. dismissed second suit stay application on concealment
so kindly deeply study on case and favor as a good counsel
06 December 2011
Dear Simrat, This is settled law that 'a real tenant cannot be dispossessed even by the true owner without adopting due course of law,not to speak about a stranger" Facts of each case differ.Law has to be applied on the facts of a particular case & not on universal application.The second thing that is important,injunction has to be refused if it is proved that the person asking for the relief 'concealed or suppressed MATERIAL FACTS from the court'.Tk care it is the concealment of MATERIAL FACTS that wud disentitle the applicant fir temporary injunction or superfluous or ordinary facts. In ur case it important to know what were those material fact on the concealment of which the court held you disentitled for injunction.
06 December 2011
Dear Simrat, I agree with Mr. Dev Kapoor. And to add to his views: Concealment of material facts invite criminal action against plaintiff/ petitioner U/S 340 Cr. P.C. which is abundantly clear in this case.Sincere advice to proceed accordingly. Besides this, move civil remedial plaint for injunction in one plaint otherwise you shall attract provisions of Order II Rule 2 CPC.