26 September 2020
Land lord and Tenant disputer arise in 2009.Tenant goes to court for permanent injuntion against eviction and get temporary injuction.Land lord file counter claim of eviction . Later tenant break wall and occupy one room.Land lord verbally and by letter ask him to release , but he did not .Land lord inform it to court , but court did not take any steps.Now , the room is very necessary for one his daughter family.Daughter got posting (govt job) near tenant house and she had to take rent other house.The occupied room need to vacate , where no injuctionn is threre.My question is , can Land lord move to highcourt for this ground ? please specify name and section of the law ? Is writ petition is maintainable on this purpose ? will it be consider for urgency purpose ? Can i ask for fine / penalty also ?
27 September 2020
The case already progressing / pending proceeding through some intelligent, able and competent lawyer who is engaged/ paid by you and well aware about facts and circumstances of the case(s), what is his / her advise proceed accordingly without expecting a miracle for the obligation of experts on this platform.
27 September 2020
The facts posted suggest that the landlord had not approached the Court through counter-claim with clean hands. It appears that the tenant was forcefully evicted in spite of the injunction. The tenant has also complicated the matters by forcefully re-occupying the premises even when the matter had been sub-judice. It is impossible to make any meaningful suggestion when the author is not forthcoming with the complete facts.
As regards to the landlord's daughter requiring premises offers a separate cause for a fresh civil action.