satish kumar (none) 28 December 2010

civil injection by tenant

i am owner of a house and when i was far off , given poa to my mother to mange house, she letted portion to a litigant. he got permanant injuction(not to evict by force, except due process of law) aginist my mother and since i am far away court relaxed on me.

After that I cancelled POA of my mother and personally looking after house.

Then tenant went for appeal , he could mange things there got injection againist me and relaxation to my mother.

Now My mother is not POA holder and has no injection. I am the owner and got Injection.

Now can i give again POA to my mother and then can get him evicted by her ( not thru due process of law..) ?

Eviction case is pending in Rent controller. I dont see any hope of it. tenant is very keen in going for n number of appeals.

what will happen if evict him by force ?

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 28 December 2010

by giving POA you cannot avoid the injunction order, because you the owner and POA holder is only your representative not a another owner.. The court order will bind on your POA also.

ashish lal (Advocacy) 28 December 2010

In these kind of injunction cases, assuming no law is broken, could a landlord without following due process of law get tenant evicted? I dont think so. So why do courts takes years in coming to such a conclusion. On the first day on which landlord appears itself, the court should ask him that whether he wants tenant to be evicted after following due process of law. If he says yes then court should record the same and dismiss the suit.

Adv B.B.Gambhir #9814820602 (advocate) 28 December 2010

brother you can not dispossess any one forcibly and illegally except due course of law. i advise you tried to prove the suit for injunction of tenant is false and then you could get better result.