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sunil (prop)     11 February 2020

Joint family rented property - injunction order

Dear Panelists,

1) The rented property is in Kolkata.

2) Currently 2nd, 3rd and 4th generation is living in the premises.
3) The property consisting six rooms was rented by the father (1st generation) in late 1940's.
4) After the demise of the father (late 1980's) the rent bills were transferred in the name of 4 (Four) sons (2nd generation)
5) After the demise of eldest son (2nd generation) (early 2010's) his son "A3" (3rd generation) is claiming his sole rights on all rented six rooms by producing rent bills in his name.
6) Landlord verbally denied issuing any such rent bill but on the other hand does not take any legal steps against the fraud.
7) He filed criminal case 144(2) CrPC alleging that other members are disturbing his possession by criminal means.
7) Now  son "A3" has filed a civil suit against other family members claiming his possession on every rooms occupied by other members of the family.
8) All the documents / old rent bills are in possession of  son "A3" and he is not sharing any original/photocopy of the same. There is very high possibility that he has distroyed all those Rent bills in the name of 4 (Four) sons (2nd generation) to defend his claim of having all rent bills in his name.
My Question:
Q_1) Can rented property be part of partition suit of a joint family when tenancy / Rent bills are in separate name of family members?
Q-2) Can one family member claim tenancy by producing Rent Bills in his name for the tenanted property in peaceful possession of another family member(s)?
Q-3) Can one tenant file suit for declaration and permanent Injunction for the rented property in peaceful possession and occupation of his family member?
Q-4) What legal remedy available to other members of the family? Any case law citation?


 1 Replies

Siddharth Srivastava (Advocate)     08 April 2020

Past bills can be of help. Authenticity and genuiness of rent bills to be checked. 1. Yes. 2. It depends upon facts of the case. Not in all cases. 3. Yes. Tenant can file suit for permanent and mandatory injunction. 4. It depends on circumstances of the case. Details require to be examined to suggest remedy.

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