What happens to the agreement entered before injunction?
Facelessman
(Querist) 10 July 2017
This query is : Open
Hi, one of my friends had entered into an agreement with a bank to lease his land and building for the bank for nine years. When the agreement was entered, the property was in a suit along with other properties. (Suit claiming that the property was a joint family property and not individual. My friend was the respondent) There was no injunction, so the agreement was entered and the bank was paying rent every month. After nine years, he won the case and the decree was passed by the district court that the properties were individual and not joint family properties. After that the plaintff appealed the high court. My friend renewed the contract with bank for five years. After that the high court put a stay on the decree. Now if the appellant gets an injunction what happens to the agreement? Will my friend still receive the rent? Note: Second agreement was put after the appelant had gone to the high court and before the high court put the stay on decree. In case of selling properties when the suit is in court, I understand Doctrine of Lis Pendens will be followed. But what about agreements? Will my friend still recieve rent from the bank after the high court gives an injunction as the agreement was put even before the high court put a stay on decree and gave injunction on properties? Thanks in advance for the answers.
P. Venu
(Expert) 11 July 2017
The facts, as posted, lacks clarity.
P. Venu
(Expert) 11 July 2017
The facts, as posted, lacks clarity.
Facelessman
(Querist) 11 July 2017
Venu sir, can you please tell me what part is confusing? I'd like to elaborate on that. I'll try to put it shortly: If I have been receiving rent from the building I had leased for years, and then the high court gives injunction, what happens to the rent? We cannot sell properties, I know that. But can we receive the rent from that?
