prosecution application maintainablity

SAJAN ANTONY N. (Querist) 28 February 2010 This query is : Resolved
suit is for injuction aginst the forceful eviction from the rented building. status quo was ordered. meanwhile the ownership of the building changed. the new owner demolished the building. he was impleeded.whether the prosecution i.a. has an indepedant existance, because the relief of the suit is no more ie. the building.

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Raj Kumar Makkad (Expert) 28 February 2010
Even if building has no more even then such order exists and as and when such building is re-built, the same order should be got executed.

SAJAN ANTONY N. (Querist) 28 February 2010
can i proceed with the prosecution i.a without pressing the suit? the matter in the suit is not there,ie the building

Parveen Kr. Aggarwal (Expert) 28 February 2010
Yes. You can launch prosecution against the original owner and the transferee (new owner) besides filing suit for enforcement of your tenancy rights. They are bound to restore the tenanted premises to you and you may seek relief of reconstruction either by the owner(s) or by you at their costs. The prosecution may be launched for house trespass, criminal trespass etc.
Also proceedings under Order 39, Rule 2-A of the Code of Civil Procedure, 1908 may be initiated.