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sushma kumari   01 December 2023

Forcibly being evicted

My NGO has got on lease a property from a landlord. The lease deed was signed in 2018. The landlord is absolute owner of the property but his sisters have in 2023 filed a partition suit against him and have got a preliminary decree against him. The landlord has appealed in a higher court and has obtained a stay. But the sisters using the preliminary decree are trying to forcibly evict my NGO from the property.

My lawyer friend is advising me to file an injunction suit against the sisters to prevent forcible eviction. Can this be done? My NGO's activities are getting disrupted due to the sisters. Please help.



Learning

 8 Replies

T. Kalaiselvan, Advocate (Advocate)     02 December 2023

If the high court has passed an order to stay the operation of the preliminary decree, then the sisters cannot force you to vacate.

You may challenge the same if they file an eviction suit.

sushma kumari   02 December 2023

Thank you Sir for your guidance

But they are repeatedly coming with other henchmen and threatening me. Police is also not helping saying it is civil matter. Is there any injunction suit I can file to safeguard ourselves?

Sanskriti Tiwari   02 December 2023

You can indeed file for an injunction to prevent forcible eviction by the sisters. A temporary injunction can be sought under Order 39 of the Civil Procedure Code, 1908, to restrain the sisters from disrupting your NGO's possession of the property. This is to maintain the status quo until the final decision is made on the partition suit.

Additionally, the Specific Relief Act, 1963, allows for preventive relief through a permanent injunction to safeguard your possession. You'll need to prove continuous possession and demonstrate that your eviction would cause irreparable harm.

Citing the case of Madhukar vs. Sangram (2010), the Supreme Court emphasized the importance of preserving the status quo during pending proceedings to prevent any party from taking advantage.

Consult your lawyer to file for an injunction highlighting the urgency due to the sisters' aggressive actions. Document instances of threats and disruption to strengthen your case. As it's a civil matter, the police might not intervene without a court order, making the injunction crucial to safeguard your NGO's activities.

Advocate Bhartesh goyal (advocate)     02 December 2023

Yes, file injunction suit against sisters of landlord and get restrained them by injunction order till the decision of suit.

Dr. J C Vashista (Advocate and Legal Consultant)     02 December 2023

Well advised by experts, I endorse and appreciate.

You are required file a suit for injunction against the sisters through your lawyer.

aadi   02 December 2023

Thank you.

The lease deed that was signed in 2018 was neither notarised nor registered. It was a 11 months agreement to be renewed annually. The same has been done ever since 2018.

1.Before filing the injunction suit, should I get the lease deed notarised and registered?

2. The landlord that this might invite contempt of court for him as preliminary decree has been passed.

Shashi Dhara   02 December 2023

You were party or not in that suit if not file impleading application to add you as necessary party.

aadi   02 December 2023

Sir, we were not party to that suit. But even to file impleading application to become party or filing an injunction suit, should I get the lease deed notarised and registered?

Will notarising and registering the lease deed invite contempt of court notice to the landlord?


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