Suit for permanent injuction by tenant against landlord is maintainable or not
vinod bansal
(Querist) 23 October 2010
This query is : Resolved
R/Experts
whether Suit for permanent injuction by tenant against landlord is maintainable or not.Thanx
R.R. KRISHNAA
(Expert) 23 October 2010
Dear Vinod,
In circumstances like where a landlord tries to evict the tenant, the tenant can file a suit in the court for permanent injuntion not to be evicted, unless evicted by due process of law.
Best regards.,
Raj Kumar Makkad
(Expert) 23 October 2010
I cannot become agree with Krishaa. Permanent injunction is not available for tenant rather such person can file suit for mandatory injunction if the circumstances warrant such situation.
s.subramanian
(Expert) 24 October 2010
Mr.Krishna is right. The only prohibitory injunction that the tenant can seek against the land lord is to prevent forcible and illegal eviction. When the landlord seeks to evict the tenant by force and illegally, the tenant has the legal right under the provisions of the Specific Relief Act to file a suit for prohibitory injunction against the landlord since the tenant has the legal right to remain and continue in possession of the property till he is evicted by due process of law.
sreenivasa Rao.P
(Expert) 24 October 2010
The rights of the tenant are determined either through a written rental agreement or if oral tenancy ,the tenant has aright to protect his rights and if infringed can move the court and seek the relief of an injunction restrain the land lord from evicting him without following the due process of law.As no can is empowered to grant injunction against the original/real owner by way of a perceptual injunction.There only be a restraint order restricting the owner from evicting the tenant by using criminal force.The tenant has a right to move the criminal court also if the land lord tries to use any criminal force.
