Vikram Kumar (None) 26 March 2012

Status of suit - dispossession after interim injunction

Hello Friends,

I am again facing a legal problem.

Problem: The Defendant gave his house to the Plaintiff to live in without any rent, etc. One day the Defendant demanded his house back but the Plaintiff could not return it. The Defendant threatened to forcibly dispossess the Plaintiff from the house. The Plaintiff filed a Suit for Permanent Injunction restraining the Defendant from interfering into his peaceful possession. The Defendant filed a Counter Claim seeking the possession of the house. The Court granted Interim Injunction to the Plaintiff till the disposal of the case and restrained the Defendant from dispossessing the Plaintiff except by due course of law. But after the grant of Interim Injunction the Defendant violated the interim injunction and forcibly dispossessed the Plaintiff from the house. Now the Plaintiff has no place to live in.

My Queries:

1. What is the exact procedure to adopt now by the Plaintiff ?

2. Do I need to amend the Plaint? If Yes then why so, and if No then why not? please tell me.

3. How will the Plaintiff get back the possession of the house?

4. What is the effect on the Main Suit? Is my main suit infructous now?

5. Also cite some Supreme Court or P&H High Court Judgments.

6. Can I also file an Application under Sec.156(3) CR.PC before the Magistrate for the criminal act done by the Defendant to get the FIR registered against him ?

I will be thankful to you.

Vikram Berwal

Advocate

e-mail:- vikramberwal@gmail.com

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 26 March 2012

Dear Colleague,

The Plaintiff was not entitled to injunction in the first place a rank tresspasser cannot obtain an injunction against righftul owner dispossessing him. However since interim relief was given to him and defendant violated the stay.

1. File an application u/s O.39 R 2A for violation of injunction the defendant can be sent behind the bars for 6 months and his property may be attached for an year and sold if he refuses to comply. Also possible is a contempt application.

2. Now since the Cause of Action for apprehended dispossession has vanished - you have the right to sue for possession u/s 6 of the Specific Relief Act, 1963. Though it is a different Cause of Action - but Court should allow you to amend your plaint (See similar facts in Sampath Kumar v. Ayya Kannu - 2002 SC J.Lahoti & Inacio Martines v. Narayanan Naik - 1993 perhaps SC) the court in such cases should allow amendment for the broad dispute is same and to prevent multiplicity of litigation.

3. File a 156(3) for criminal tresspass, assault and other related offences.

Vikram Kumar (None) 26 March 2012

Thanx

1. But what is the effect on the Main Suit by this forcible dispossession. Is it possible for the Court to put the Plaintiff back in possession and then continue with the Main Suit.

2. Can i go for Sec.151 CPC? Is it a speedy remedy to get back the possession.

(Guest)

There are judgments delivered by Apex Court which says that during pendency of suit if the person aggreived is dispossessed, needs to be put in possession back in as is where is condition (means the condition/situation the litigant was).

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