Writ petitions

Ayan (Querist) 26 September 2020 This query is : Resolved
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 ?

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Quick Summary

This discussion explores a landlord's options regarding a tenant who has illegally occupied a room despite ongoing legal proceedings. The landlord is considering approaching the High Court via a writ petition to regain possession of the room, which is urgently needed for their daughter's family. Advice suggests that while immediate relief might be difficult, a writ petition could be explored, and a FIR might have been appropriate earlier. Consulting a local lawyer is strongly recommended to navigate the complexities and understand specific legal provisions.

Rajendra K Goyal (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 Gabriel (Expert) 26 September 2020
Neverthless,file a suit with local advise for appreciation of contraventions in the property

Dr J C Vashista (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 (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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