Injunction for illegal eviction
B K Raghavendra Rao
(Querist) 19 February 2010
This query is : Resolved
Plaintiff, tenant, has filed a suit for injunction against the Defendants, one owner of the premises and another bank lending loan to the owner, with a sole prayer: Pass decree restraining the Defendants from illegally dispossessing the Plaintiff. The facts are: Tenant has paid lease amount and entered into an agreement of lease. He is afraid that the owner may throw him out of his house unlawfully.
I argued with the Hon'ble Judge, the decree may passed at the admission stage of the suit itself as the prayer sought is a general proposition of law which no one in any event (whether contentions of the Defendants proved or not) has to be followed. But the Hon'ble Judge refused to do so saying that Defendants may be trying to illegally dispossessing the Plaintiff and therefore the plaint.
Why decree should not be passed even before going into the merits of the case?
Kiran Kumar
(Expert) 19 February 2010
well Mr. Rao, the civil judge can grant u temporary injunction at this stage for permanent injunction, the issues are to be framed then evidence has to be adduced - in fact the whole procedure has to be followed, how can a decree be granted without hearing the other party on merits and without affording opportunity to lead evidence.
u may be right on facts, but the judge is not aware of this fact, u ve to prove ur case with sufficient evidence....similarly the other party is to be heard.
court can not violate principles of natural justice.
if ur opinion is to be accepted then Justice will become FOR SALE.
Parveen Kr. Aggarwal
(Expert) 19 February 2010
To whom you represent? The plaintiff or any of the defendants.
What is the case of the defendant(s)?
B K Raghavendra Rao
(Querist) 19 February 2010
I represent defendant bank. Ultimately, the court has to pass a decree. Prayer, the defendants shall not evict the tenant illegally.
Legally they may i.e. after due process of law.
Can there be a decree - Defendants may illegally evict the tenant. Can't be. The decree must be passed in any case as per the prayer only - even if plaint is right or wrong, even if defendants are right or wrong. Is it not?
I am quoting a real case on hand in Bangalore.
adv. rajeev ( rajoo )
(Expert) 20 February 2010
even through there is decree tenant can be evicted illegally by the defendants. So many times it is happened.
Parveen Kr. Aggarwal
(Expert) 20 February 2010
The Court has sufficient power to decree the suit without recording evidence if the defendant admits the claim of the plaintiff. As you have rightly pointed out that nobody can be dipossessed forcibly and the Court has ultimately to pass a decree in favour of the plaintiff that he be not dispossessed without following the due process of law and you are admitting the claim of the plaintiff to this extent. The Court should not record evidence and should pass a decree instead. Provisions of Order 12, Rule 6 of the Code of Civil Procedure, 1908 may be applicable in your case. Order 12, Rule 6 reproduced below:
"6. Judgment on admissions:
(1) Where admissions of fact have been made either in the pleading or otherwise, whether orally or in writing, the Court may at any stage of the suit, either on the application of any party or of its own motion and without waiting for the determination of any other question between the parties, make such order or give such judgment as it may think fit, having regard to such admissions.
(2) Whenever a judgment is pronounced under sub-rule (1) a decree shall be drawn upon in accordance with the judgment and the decree shall bear the date on which the judgment was pronounced."
If the court is not considering it as an admission then upon your statement to the effect that you will not dispossess the plaintiff without following the due process of law, there remains no cause of action for the plaintiff to continue with the suit and the plaint deserves to be rejected on this ground.
Necessity of evidence arises when there is any disputed question of fact which is to be determined after getting evidence recorded. There is no other purpose of getting evidence.
