Order 39 rule 1 & 2 r/w s.151 cpc

malashree (Querist) 11 August 2012 This query is : Resolved
The court has passed an order restraining the defendants not to part with possession of property. However, they have rented one floor of the suit property.

(i) How can I file a suit u/o 39 Rule 2A since I do not have the documents of lease deed of the tenants, since the lease deed is with the defendants which obviously the tenants shall not give me?
(ii) kindly give judgments in this regard too?

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Advocate M.Bhadra (Expert) 11 August 2012
Your query is not clear,if you are landlord then you can file a suit for eviction or declaration along with a petition u/o 39 r 1 and 2 read with sec.151 of CPC for a permanent injunction over the property on the relies upon document like title deed,revenue record,tax receipt etc.,no need for lease agreement.

Adv.R.P.Chugh (Expert) 11 August 2012
If the lease deed is registered (in all probability it is not) then you can get a certified copy from the registrar - otherwise you are free to prove the transfer of possession with respect to one floor - after that it would be the burden of the contemnor (defendant) to satisfy that they've not let it out and have no committed no contempt.

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