Pagadi rent injunction not received from court


I applied for injunction in the court to protect my basic needs like water and electric connection not to be disturbed by the owner of the building this is my pagadi rental case Tenant wanting to pay rent after father death but owner of the buidling refusing and a police complaint also filed againt the owner....

But the judge of Kalyan court did not grant injunction I do not understand. Iam the applicant and wanting protection from the court was it not the responsible of the court to grant me injunction. It is like i have myself invited Trouble approaching the court. 

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

If you are not satisfied by the order of the court, you are free to file an appeal as an order under order 39 rule 1 and 2 is appealable. For getting an injunction you have to satisfy the tests of i) Prima facie case ii) Balance of Convinience.

Though the information provided is grossly insufficient for a concrete advise, however if you are a pagadi holder and your lease subsists and you are not in breach of any stipulation concerning the same, and the landlord is threatening to withold essential services like electricity/water etc. The court should have in the fitness of things granted you injunction.

 
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Hello Adv. Bharat Chugh Thanks for replying if now the owner disconnects my water supply how do i prove to the court and how many days will this process take and if injunction is granted will the owner abide with the court order and will police station at dombilvi vishnunagar help me because he the owner is a born villager and a builder with lot of political contacts. WHAT SHOULD I DO PLEASE GUIDE?

 
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Dear Daniel,

Do one thing, firstly talk to your owner directly about the same, if owner wanted to settlement out of court then go ahead, as this is only the safest & fastest way to solve the issue.

If not then....

Mr. Chugh rightly suggested to you, that you can liberated to file an appeal as an order under 39 rule 1 and 2 is appealable. For getting an injunction.

 
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Oh this owner of mine is just wanting to throw me out  iam staying in the premises since the date of purchase of house 22 years. The sale value also he is not interested to give he just wants me to take 2 Lakh Rupess and vacate the sale value could be 8 Lakh and he wants the premises because he has come opposite to my flat and wants the whole first floor my house is again road facing. When you speak he uses filthy words because the house was given on pagadi rental to my father and no transfer he accepted when my father insisted.

I approached the court to protect my stay and to my surprise the injunction was rejected that is what my lawyer says. Still the owner has not received any notice or he will do what i do not know.

 
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