cpc

suit for declaration - by tenant

prop

Dear Experts / Panellist, Pleasse advice:

 

Q-) Can Person "A" claim tenancy by producing Rent Bills in "A''s name for the tenanted property in peaceful possession of person "B"?

Q-) Can "A" file suit for declaration and permanent Injunction suit against "B" by making Landlord and proforma defendant?

 

Please advice, any case law for citation?

 

Thanks

 

 
Reply   
 

No he cannot ,for declaratory suit he must have right,title, interest and possession over property.he must prove it in court without any doubt.
 
Reply   
 



Hello,
Do you have a rent agreement?
A rent agreement is usually for 11 months where you have the possession of the house for the next 11 months. Having a rent agreement is best to prove your tenancy. 

When a suit for Injunction and Declaration would lie?

Any person who has any legal character or any legal rights as to any property by virtue of title deeds or otherwise may file a suit for declaration of those rights and for an injunction against any person denying or interested to deny his title to such character or right.

The Hon’ble Supreme Court has in the matter of Anathula Sudhakar vs. P Buchi Reddy & Ors, clarified the general principles as to when a mere suit for a permanent injunction will lie and when it is necessary to file a suit for declaration and or possession with injunction as consequential relief which reproduced as under:

Para 11.1- When a Plaintiff is in lawful or peaceful possession of a property and such possession is disturbed or threatened by the defendant, a suit for injunction simpliciter will lie. A person has a right to protect his possession against any person who does not prove a better title by seeking a prohibitory injunction. But a person in wrongful possession is not entitled to an injunction against the rightful owner.

Para 11.2- Where the title of the Plaintiff is not disputed, but he is not in possession his remedy is to file a suit for possession and seek in addition, if necessary an injunction. A person out of his possession cannot seek the relief of injunction simpliciter, without claiming the relief for possession.

Para 11.3- Where the Plaintiff is in possession but his title to the property in a dispute, or under a cloud, or where the defendant asserts title thereto and there is also thereat of dispossession from the defendant, the Plaintiff will have to sue for declaration of title and consequential relief of injunction. Where the title of the Plaintiffs is under a cloud or in dispute and he is not in possession or not able to establish possession, necessarily the plaintiff will have to file a suit for declaration, possession, and injunction.

Thanks,
Joy Bose

 
Reply   
 

Hello,
Do you have a rent agreement?
A rent agreement is usually for 11 months where you have the possession of the house for the next 11 months. Having a rent agreement is best to prove your tenancy. 

When a suit for Injunction and Declaration would lie?

Any person who has any legal character or any legal rights as to any property by virtue of title deeds or otherwise may file a suit for declaration of those rights and for an injunction against any person denying or interested to deny his title to such character or right.

The Hon’ble Supreme Court has in the matter of Anathula Sudhakar vs. P Buchi Reddy & Ors, clarified the general principles as to when a mere suit for a permanent injunction will lie and when it is necessary to file a suit for declaration and or possession with injunction as consequential relief which reproduced as under:

Para 11.1- When a Plaintiff is in lawful or peaceful possession of a property and such possession is disturbed or threatened by the defendant, a suit for injunction simpliciter will lie. A person has a right to protect his possession against any person who does not prove a better title by seeking a prohibitory injunction. But a person in wrongful possession is not entitled to an injunction against the rightful owner.

Para 11.2- Where the title of the Plaintiff is not disputed, but he is not in possession his remedy is to file a suit for possession and seek in addition, if necessary an injunction. A person out of his possession cannot seek the relief of injunction simpliciter, without claiming the relief for possession.

Para 11.3- Where the Plaintiff is in possession but his title to the property in a dispute, or under a cloud, or where the defendant asserts title thereto and there is also thereat of dispossession from the defendant, the Plaintiff will have to sue for declaration of title and consequential relief of injunction. Where the title of the Plaintiffs is under a cloud or in dispute and he is not in possession or not able to establish possession, necessarily the plaintiff will have to file a suit for declaration, possession, and injunction.

Thanks,
Joy Bose

 
Reply   
 

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