Writ petitions

This query is : Resolved 

Online (Querist)
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 ?

Rajendra K Goyal Online (Expert)
26 September 2020

The landlord should have lodged FIR against such illegal breaking of the wall.

Immediate relief seem to be not possible in the given situation.

Discuss with local lawyer and explore the possibility of lodging FIR through Court at present.

No other suggestion possible without going through full case file.

Isaac GabrielOnline (Expert)
26 September 2020

Neverthless,file a suit with local advise for appreciation of contraventions in the property

Dr J C VashistaOnline (Expert)
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.

P. Venu Online (Expert)
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.

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