My tenant sued

sagar (Querist) 17 November 2010 This query is : Resolved
Dear friends,
My tenant sued me for permanent Injunction on false basis that we tried to through him out and trying to kill them.

now he got the order to stay there for false rent of 600 pm for 1 room and kitchen.

In that property we have ground portion.

Please tell me how to get my House refiled.

My email Id is sagar.jha.08@gmail.com

i m new user plz help

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adv. rajeev ( rajoo ) (Expert) 17 November 2010
Court cannot grant injunction against the owner in favour of tenent, it is the mistake of the court. File miscellaneous appeal against that order.

Devajyoti Barman (Expert) 17 November 2010
Those type of suits are to protect the tenant against the forceful ouster by the landlord. Now if that person is indeed a tenant then you can file a suit for eviction against him on several grounds including requirement of the premises for your personal occupation.But before that you have to give him a letter to quit within 1 clear month.
Now, if that person is not tenant then you after appearing in his suit can make a counterclaim of eviction of licensee or trespasser whatever being his status.

Guest (Expert) 17 November 2010
I agree with Mr.Barman.

prakash vathore (Expert) 17 November 2010
hi,
first of all u must have to know what is yr relation with that person means whether he is a tenant or a licensee if he is a tenant then he ought to have file a suit for declartion and not for injuction and if he is tenant then u can raise the question of pecunary jurisdiction under sec 9 (a) of cpc stating that the civil court has no jurisdiction and if he is a licensee then in the event he got the injuction u have to contest it and there must be l & l and in that license fee and period was mention.

s.subramanian (Expert) 17 November 2010
Mr.Barman is right.

Guest (Expert) 17 November 2010
i also agree with Mr Barman

Praveen Kumar Tewari (Expert) 17 November 2010
Mr. Barman's advive is perfect.

ashish lal (Expert) 18 November 2010
It actually shocking to see the number of suit for permanent injunction filed by tenants. Most of them prayer that they should be evicted only by due process of law. The court on the first date on which landlord appears should ask the landlord that if he agrees that the tenant should only be evicted only by due process of law. If he agrees the court should dispose of the suit. No landlord would say otherwise.

Khaleel Ahmed (Expert) 23 November 2010
You are advised hereby to hire the services of your local lawyer to defend the case.Further apply necessary tricks to evicate him self immediately.

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