Tenancy without lease agreement
Parthasarathi Loganathan
(Querist) 01 January 2014
This query is : Resolved
Tenant filed a case in Munsiff court against the landlord under Order 39 Rule 1 & 2 and Section 151 of CPC praying for permanent injunction. CAVEAT petitions have already been filed by the landlord well before this suit was admitted before all the three competent courts in the jurisdiction. There is no rental agreement and the tenant given more than one year notice to vacate the house. The house property is mortgaged to a nationalized bank. Will this section apply for bank mortgaged properties ? Is there any legal provisions wherein the Bank can exercise rights to get the suit dismissed? The rent has not been paid for more than 6 months and the property is put up for sale under a valid agreement. I need experts suggestion in this regard.
T. Kalaiselvan, Advocate
(Expert) 02 January 2014
Bank has got nothing to do against the injunction application filed by the tenant, the bank will initiate legal action against the borrower in case of default in repayment of loan. You have valid ground for praying for dismissal of his case on the grounds of default in rental payments.
