sushma kumari 03 December 2023

Registration of lease agreement required to file injunction suit?

My NGO has a 11 month lease agreement with a landlord for use of his property which has been annually renewed for the past 6 years. His sisters have filed a partition suit against him and obtained preliminiary decree against him. He has obtained stay from Appellate court. The sisters are now forcibly trying to evict us. My question is:

1. Should I notarise and register the lease agreement for us to file an Impleading Application in the ongoing suit or a fresh Injunction Suit against the sisters?

2. Will notarising and registering the lease agreement invite contempt of court for the landlord?

Reply Follow

Quick Summary

An NGO facing eviction due to a landlord's partition suit is seeking advice on whether registering their 11-month lease agreement is necessary to file an injunction. They want to know if this action could lead to contempt of court for the landlord, given the ongoing legal proceedings. The advice suggests refusing to vacate and filing an injunction if pressure continues, but clarifies the need for registration to approach the court.

2 Replies

T. Kalaiselvan, Advocate (Advocate) 04 December 2023

The sisters cannot force you to vacate the premises, if at all they have any grievances in this regard, they have to approach court with an eviction suit against you.

You can refuse to vacate and if the pressure is mounting, you can file a separate suit for injunction against them to restrain them from forcibly eviciting you other than by due process of law.