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rajan chopra   14 November 2022

SUIT FOR PERMANENT PROHIBITORY INJUNCTION WITH ADVERSE POSSESSION

SIR I AM TENANT OF A PREMISES SINCE YEAR 2002 PAYING RENT REGULARLY TO LAND LORD HAVING DOCUMENTS OF AADHAR CARD, RENT RECEIPTS, WRITTEN LEAVING CERTIFICATE BY LANDLORD AND AGREEMENT OF TENANCY
NOW LANDLORD IS THREATENING TO DISPOSSESS FORCIBLY AS SUCH MAY I FILE SUIT FOR PERMANENT PROHIBITORY INJUNCTION ALONG WITH ADVERSE POSSESSION ?


Learning

 7 Replies

Advocate Bhartesh goyal (advocate)     14 November 2022

You may file simple suit for injunction against ladlord praying therein that " restrained defendant/landlord  not to disposses you forcibly and without due process of law."

Kuntal0000 (xyz)     14 November 2022

is he asking you to leave as per the tenancy agreement

Dr J C Vashista (Advocate)     15 November 2022

A tenant can not be granted an injunction against landlord / titleholder of demised premises.

Real Soul.... (LEGAL)     15 November 2022

Just file application with rent controller and keep deposting retals there regularly. You have been renting place sice twenty years so he cannot disposses simply

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     15 November 2022

The Rent Control Act is established not only to protect the landlord and their property but also to protect the tenant. Under the Act, the few important rights that are given to the tenant are:

  1. Right Against Unfair Eviction: Under the Act, the landlord cannot evict the tenant without sufficient reason or cause. The rules of eviction are slightly different from state to state. In some states for the landlord to evict a tenant, he/she must approach the court and obtain a court order for the same. In some states, the tenant cannot be evicted if he/she is willing to accept any changes to the rent.

rajan chopra   16 November 2022

IN TENANCY AGREEMENT THERE IS NO TERM REGARDING LEAVING OF TENANT INSTEAD IT IS MENTIONED THAT TENANT SHALL PAY RENT PER MONTH TO LAND LORD IN HIS BANK BY NEFT.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     20 November 2022

Notwithstanding all the advices, I tend to agree with Dr. J. C. Vashista. The landlord is threatening. What kind of threat is that? Is he threatening legal action through court of law or of using muscle power?  In both cases you may be able to defend. But you cannot go to court in the first instance.


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