Stay order from the Court
PRACHI
(Querist) 08 May 2009
This query is : Resolved
Hi all:
we have a lease agreement with the Owner of the building where we have our office. The Owner wants to terminate the lease agreement and has asked us to move out.
How can we get a stay from the Court on the owners move?
Is there a format of the application to the Court for such a stay?
Could you please share the format with me?
Regards
Prachi
sanjeev murthy desai
(Expert) 08 May 2009
Dear Prachi,
With in the lease period you have the right of enjoy that premises..
If owner mentally or physically herras you then you can file police complaint against him and also send legal notice him..
Eviction suit is owner risk why you want to take such risk with in the lease period..
Otherwise file a injunction suit against him...
And you did not specified that lease agreement period is completed or not? If lease period completed owner has the right to ask to moove out his premises..
sanjeev desai
adv. rajeev ( rajoo )
(Expert) 08 May 2009
U have to file injunction suit praying that Owner may kindly be restrained by an injunction order as not to disposses from the premises without illegally without following the due process of law.
Now law is in favour of the Landlord.
If the lease period is over and still u r in the premises then owner will have to issue notice u/s 108 of the Transfer of Property Act. It is mandatory.
Y V Vishweshwar Rao
(Expert) 08 May 2009
Mr Sanjeev Desai and Mr Rajeev S V have corectly explained the rights & obligations of the lessee and lessor .If the lease period is not completed , the lessee is entitled to continue till that time , otherwise the demand of the lesssor is correct,but with due process of law .
PALNITKAR V.V.
(Expert) 09 May 2009
You have to file a suit for injunction wherein you have to show prima facie that you have right to stay in the premises.
Kiran Kumar
(Expert) 09 May 2009
now all the Hon'ble experts have given correct advice, pls move to some local lawyer pracising on the civil law side, to file a suit for permanent injunction.
MANISH
(Expert) 09 May 2009
The views of all the Learned Friends are correct.
Sachin Bhatia
(Expert) 06 October 2009
File an injunction suit praying that Owner may kindly be restrained by an injunction order as not to disposses you.
