Grounds on which mandatory injunction can be given
Querist :
Anonymous
(Querist) 07 August 2011
This query is : Resolved
my brother encroached on my property, an unbuilt complete floor, made three rooms on it and was using it as aguest house without my permission.
my complaints to mcd, pgc for unauthoried construction were not needed.
I FILE A CASE FOR POSSESSION AND THE DELHI HIGH COURT DECREED RECENTLY THAT HE SHALL STOP USE OF PREMISES FOR GH AND PAY ME MARKET RENT FOR USE OF PREMISES FOR RESIDENCE , THE RENT BEING FIXED BY THE COURT.
THE ISSUES HAVE BEEN FRAMED.
1. I HAVE TO PROVE OWNERSHIP WHICH IS SIMPLE. THE WILL BEQUESTHS ME THIS PROPERTY AND IT HAS BEEN PROBATED BY DELHI HIGH COURT.
2. I HAVE TO ESTABLISH WHY I SEEK MANDATORY INJUNCTION AGAINST THE DEFENDANTS, BROTHER AND HIS WIFE FROM ENCROACHING ON MY PROPERTY.
AS STATED ABOVE, THE BROTHER, WITHOUT ANY INTIMATION TO ME HAS ALL ALONG BEEN CONSTRUCTION ROOMS ON THE SECOND FLOOR, 3 IN ALL NOW.
BESIDES ABOVE HE HAS WRITTEN NASTY LETTERS AND HIS WIFE HAS THREATENED ME WITH A WOMAND HARASSMEENT CASE, ALL OF WHICH ARE FILED WITH THE HIGH COURT.
KINDLY LET ME KNOW THE GROUNDS UNDER WHICH A MANDATORY INJUNCTION IS GRANTED AND WHETHER IN THELIGHT OF CIRCUMSTANCES NARRATED ABOVE THIS IS A FIT CASE FOR A MANDATORY INJUNCTION.
THERE ARE OVER A DOZEN VERY NASTY LETTERS WRITTEN FROM 1999 TILL 20003 WHICH ARE IN MY POSSESION BUT NOT FILED WITH COURT AS WE DO NOT WANT UNNCESSARY PUBLICITY OF THE DIRT IN THE FAMILY.
SHOULD THEY BE FILED TOO TO EXPOSE HIS LOW LEVER ACTIVITIES .
VINAY KALA
AUG 7,11
M/s. Y-not legal services
(Expert) 07 August 2011
Something confusion from your query. Even its ok. So right now suit is decreed in your favour. Thats fine.. Further if your brother filed any suit against you mean just face it accordance of law. You can since already a suit is decreed in favour you.
M/s. Y-not legal services
(Expert) 07 August 2011
And no need to worry about your brother wife's threaten that she will file woman harassment case against you. Since here a civil disputes is pending her case is not maintainable. You can face that also. More over she is wife of your brother only. Then how she can file such a case against you.
Swami Sadashiva Brahmendra Sar
(Expert) 07 August 2011
Primafacie case, balance of convenience and irreparable loss - these three prerequisites are to be established by a party seeking an interim injunction, may it be mandatory or prohibitory.
Querist :
Anonymous
(Querist) 08 August 2011
dear sir,
perhaps there is some confusion which i want to clarify.
in my suit for possession of property with delhi high court i had sought mandatory injunction against the brother from encroaching on my property.
in the issues framed i have to establish why i want mandatory injunction against him.
as told earlieer he has encroached on the property for over 11 years now, built three rooms, was using as a guest house and now the court has decreed that the guest house be stopped and rent at market rates be paid to me for use of residence.
i have to estabblish why i seek a mandatory injunction.
as reported earlier apart from encroaching on property hiw wife who is also a defendant has threate ned
me with a woman harassment case and def 1,brother, has written letters all over to spoil my image, documents of which have also been filed in court.
there are other documents in very bad taste which we have not filed as we did not want to wash dirty linen in public.
vinay kala
aug 8,11
SIR IS MY CASE FIT FOR MANDATORY INJUNCTION AGAINST THE BROTHER FOR ENCROACHING ON THE PROPERTY ONCE IT IS DECREED IN MY FAVOUR
ANY SUGGESTIONS
