Injunction

Querist : Anonymous (Querist) 11 November 2010 This query is : Resolved
I have been on a rented place for abt 30 Years. The place was given to my father by another tenenat enjoying that space on the basis of a Power of Attorney, which the then land lord accepted. However we never used to get the rent receipt in our name but on the original tennats name. Now my father and the original tenant who gave the Poa Have expires and the property has been sold to some one else. Who is hindering my access to the property trating me as tresspasser.

We have file a suit in the court but the court is aksing for the rent receipt in my name, which I do not have.

The only documents which i have are trade licence, telephone bill, electricity bill and the municipal corporatin tax receipts for my share.
Please advise my status and what should be me re course

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adv. rajeev ( rajoo ) (Expert) 11 November 2010
You have to lead the evidence of the your neighbour to prove the tenency in absence of the rent receipts

Devajyoti Barman (Expert) 11 November 2010
First specify the name of the State you belong to as the provisions of the Rent Act differs on certain aspects.
You also did not specify the nature of the suit.
In the present circumstances you should file a suit for declaration that you are a tenat and also for injunction so that you may not be evicted from the suit property without the course of law. The evidence you are talking about is sufficient to establish, at least prima facie that you are in possession of the suit property. Before conclusion of trial the mere absence of the rent receipts should not weaken your case.

Kiran Kumar (Expert) 11 November 2010
the suit must have been filed for Permanent Injunction restraining the defendant from dispossessing the plaintiff from the property in dispute except in due course of law.

you may prove your possession and may get injunction.

but the new landlord can seek your eviction under the rent laws applicable to your state...better to talk to the landlord and settle the matter amicably otherwise he may get the things done in rent petition....at this stage you may get some compensation from your landlord.

n.k.sarin (Expert) 11 November 2010
Agree with Mr Kiran kumar

Kirti Kar Tripathi (Expert) 11 November 2010
I agree with Kiran. At present you can get the relief from forceful dispossession on the basis of possession but later on you may be evicted under the rent law, if you fail to prove to be tenant.