Tenant-owner
mahesan
(Querist) 21 January 2013
This query is : Resolved
Tenant files suit for permanent injunction against the owner not to evict the suit property without due process of law. After two year the owner filed petition for eviction Rcop case before same court. Previous suit is maintainbale or not. If not relevant citations pls (Property at tamilnadu)
Devajyoti Barman
(Expert) 21 January 2013
The previous suit has now relevance. The suit may be clubbed together with the suit of eviction.
prabhakar singh
(Expert) 21 January 2013
PREVIOUS SUIT WOULD BE REGULAR SUIT WHILE SUBSEQUENT SUIT OF EVICTION WOULD BE IN SMALL CAUSES JURISDICTION HENCE THE TWO SUIT SHALL PROCEED INDEPENDENTLY,NO CONSOLIDATION POSSIBLE.IF LAND LORD HAS FILED WS IN TENANTS SUIT STATING THE FACT THAT HE SHALL NOT EVICT TENANT FORCEFULLY THEN TENANT MAY WITHDRAW HIS SUIT BY APPLICATION OR MAY PROCEED IN HIS CHOICE.
Advocate M.Bhadra
(Expert) 21 January 2013
Second suit is not maintainable,approach with intimation of the first suit to the Court for dismiss or clubbing the two suit with one.
prabhakar singh
(Expert) 21 January 2013
BOTH OF THE SUITS ARE MAINTAINABLE.
Raj Kumar Makkad
(Expert) 22 January 2013
Subsequent filed matter is Rent petition whereas the earlier is a civil suit and both the authorities are also different. In civil suit, it would be a civil judge whereas in eviction petition, it shall be heard by rent controller and issues and law is also entirely different so no question arises to club these two separate matters. Both shall run separately.
