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Struggling Landlord (Proprietor)     03 August 2020

Can I get anticipatery injunction? stay through WP ?

I got decree against tenant for vacating , tenant filed appeal against decree, tenant got conditional stay ie he has to deposit pm Rs 50000/- till final decision of appeal, during lockdown tenant applied for restaurant change in user, Here MH Rent Control act applies, my lawyer says we will file injunction ...but as per my research & due to help from this portal, I realised that the tenant is now (after decree) is no longer remain tenant he is illegal occupier paying occupation charges as directed by honble HC & then finally decided by Hon'ble SC ...& he has deposited till Feb20, (lockdown OC ) still pending, During lockdown tenant applied for restaurant license, my query Can I restrict permissive occupier from doing act ? can I file WP & ask for stay on change in user ? ( after decree the tenant is not protected by statute)... Please try to resolve ? it's very old case and during litigation I lost my elder brother who was pursuing matter, I am not very conversant with law and it's procedures ...but looks very lengthy ...tidious ...I am in urgent need of space .......thanks in advance, I am thankful to this portal for timely advice from all members, Thanks & waiting for reply ......


 5 Replies

Dr J C Vashista (Lawyer)     04 August 2020

Originally posted by : Struggling Landlord
I got decree against tenant for vacating , tenant filed appeal against decree, tenant got conditional stay ie he has to deposit pm Rs 50000/- till final decision of appeal, during lockdown tenant applied for restaurant change in user, Here MH Rent Control act applies, my lawyer says we will file injunction ...but as per my research & due to help from this portal, I realised that the tenant is now (after decree) is no longer remain tenant he is illegal occupier paying occupation charges as directed by honble HC & then finally decided by Hon'ble SC ...& he has deposited till Feb20, (lockdown OC ) still pending, During lockdown tenant applied for restaurant license, my query Can I restrict permissive occupier from doing act ? can I file WP & ask for stay on change in user ? ( after decree the tenant is not protected by statute)... Please try to resolve ? it's very old case and during litigation I lost my elder brother who was pursuing matter, I am not very conversant with law and it's procedures ...but looks very lengthy ...tidious ...I am in urgent need of space .......thanks in advance, I am thankful to this portal for timely advice from all members, Thanks & waiting for reply ......

@ Struggling Landlord,

Eviction orders of the tenant has already been passed in favour of struggling landlord. It has not so far been stayed by appellate court since stay shall be operative on deposit of the amount ordered, which is not yet been deposited. 

You have stated inter alia, that, "....During lockdown tenant applied for restaurant license..." what was the usage of tenant before lockdown ?

How licence of restaurant is concerned with eviction ? 

SACHIN AGARWAL (ADVOCATE)     04 August 2020

Your Quarry is not clear. You have not disclosed the purpose for which teh said premises was being used before lock down.  Please clarify.

Struggling Landlord (Proprietor)     05 August 2020

Thanks to portal as well as all replies, Excuse for not clarify ing my querry, Facts are tenant is an old (1965) paying ₹ 900/-pm for 1300 sq ft shop, (3 opening shutters), tenant business is sales & service of electronic gadgets, I (LL) filed bonafied need proceedings in 2006 , Got decree in my favour (court ordered to vacate shop), [as per my knowledge tenancy is terminated after decree & tenant is holding over] ...Now that T(occupier / illegal tenant) ..challenged the decree, (I filed execution) ...Under stay for execution the apeallate ordered conditional stay & ask the occupier to deposit in court every month 10000/-, we (LL) challenged this 10000/- as occupation charges(OC) & Hon'ble HC increased this 10k OC to 1 lakh pm OC from date of appeal (2018 Mar), The occupier challenged in SC The Hon'ble SC reduced it to 50000/+ to be deposited by occupier in court every month from date of appeal(Mar2018), The occupier deposited arrears and started depositing 50000/- every Month till Feb20, , In Feb20 the occupier (ie original tenant) converted 1 shutter & started new business, We filed injunction application which is pending In jul20 the I got info that the occuper (original tenant) applied for restaurant license for rest of shop, my query How can I restrict this activity ? since occupier is not following the decree & just harassing & delaying the case, ..I am in urgent need of shop already fought 14 years, the occupier (original tenant) is enjoying without fear of law .....thats my concern ... Please help ... Thanks

Dr J C Vashista (Lawyer)     05 August 2020

You have been proceeding and contesting your case(s) / appeal(s) right upto Apex Court through an able, competent and intelligent lawyer who is well aware about facts and circumstances of the case(s)/ appeal(s) and have successfully secured juedgment(s)/ order(s) in your favour, what is his advise on the issue ?

Why do you need second opinion and obligation of experts on this platform on the basis of distroted and limited facts, except the fact it is available FREE OF COST ? Do not adventure to rely on the advise of experts, which has to be based on limited facts posted by you and may differ / be imappropriate/ incorrect.

If you have lost faith in your lawyer change him / her immediately.

1 Like

P. Venu (Advocate)     05 August 2020

In my understanding, there is no need to rush to the High Court in WP. You can very well inform the authority (to whom the tenant has applied for the licence) of the pending court case and the decree for eviction. Simultaneously, you can also move the Appellate Court and get interim orders against the proposed change of user.


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