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ghagarwal91 (f)     05 January 2016

City civil case- landlord vs tenant of commercial property

I, along with my father are joint tenants of a commercial property of about 400sq ft where we have a plywood retail shop. After 30yrs of impeccablr relationship with the landlord, his son has out of the blue done a case on us that we are doing illegal business and storing hazardous things in the shop. Following this Section 144 was imposed which we cleared. Now he has done Injuction and ejection suit and what not. The case is going on for 3years. He is not losing anything. We are depositing the rent in court. We are losing business and are unable to earn our livelihood. I do not understand that the landlord is so easily doing cases on us and he does not have to prove his case in the court. Rather it is us who are having to spend so much money and time to defend ourselves against the false claim of the landlord. My family is shattered and we are almost broke.

 1 Replies

Kunal Godhwani   05 January 2016

Why are you not able to carry on the business?

If you were carrying business prior to the institution of suit, then mere filing a case or pending litigation would not bar you to carry on the business. The opposite party needs to have an interim injunction to restrain you from doing business on the said property and if there is any interim injunction against you then you can challenge and also on every order court has to state interim to continue (One cannot get an interim injunction and delay the suit).

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