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Pritam Gupta (Teacher)     19 March 2017

Question regarding injunction

An ad interim injunction was given by a Court of law wherein it was stated that the defendants are restrained from transferring, selling, alienating..........of the suit property.

QUESTION: Does this mean that because of the injunction against "transferring" then the suit property or any portion of it cannot be rented out to any tenant?


 5 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     20 March 2017

You have left a gap. What is stated there?

Pritam Gupta (Teacher)     20 March 2017

The completed portion of the order is given below:

"...........alienating or encumbering of the suit property until disposal of the suit."

Hence my question is whether by the word "transfer" and/or any other stated term in such order, there is an injunction on only the disposal of any portion of the property or also to any transfer to a lessee/tenant is prohibited?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 March 2017

Which of the 2 parties are you?

Your question is contestable in the court.

Pritam Gupta (Teacher)     21 March 2017

It is in my interest that the property be not allowed to be rented out.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 March 2017

The injunction may have been ordered on your application. Was the wording of the order as per your prayer to the court? Did you pray for injunction against renting out also?

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