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Durga Tarun Tadinada   28 February 2024

Tenant issued injunction order with all false accusations


I'm Tarun. We're having only one 2 storeyed house in which one family is staying in ground floor and one cloth shop is there in other portion in ground floor itself. My grandfsther who is aged about 84 is owner of this house.  In 2022 we took amount as debt from our relatives, took mortgage loan on the same house and took gold.loans and invested in one business. But we had huge losses and lost all the amount in it. Thus we thought of selling of house and trying to sell this house from 1.5 year and also intimated the same to tenants. Now recently one buying party came forward to buy our house. But now the cloth shop owner sent us legal notice with all the false accusations such as we went into his shop, accused him with vulgar language and also mentioned that we had oral agreement for four years, and took his sign on blank 20/- stamp paper. Those are all false accusations. We took sign on printed lease agreement only. That too the agreement will be over by 05-03-2024.He made to trust us that he'll vacate. But he filed for interim injunction and sent us notice. When we talked about why you sent notice what you want, he is asking for settlement with huge amount of money or else let's fight in court. We don't have much time to go to court, since we've to repay the amounts we took from people. Can you please advice the right procedure to make him vacate and prove that he made all the false.accusations? And also can you please tell me about what is the written statement we need to file before 30 days from summons copy we recieved. We recieved copy on 23-02-2024?


 3 Replies

Shashi Dhara   28 February 2024

You can file application to extend time to file WS for upto 90days discuss with your advocate and file it deny the allegations.

1 Like

T. Kalaiselvan, Advocate (Advocate)     28 February 2024

If you have received the summons from court then you have to appear before court and file the written statement as well as the counter objection to his temporary injunction petition.

If you fail to do so then he may get an exparte order against you.

This will very badly affect your situation.

After appearing before the court you can file an eviction petition to evict him by due process of law and can insist before court that since you require  to sell the property, he has to vacate but since he is refusing to do so on false allegations, he should be evicted by court as per law. 

1 Like

Advocate Bhartesh goyal (advocate)     29 February 2024

File written statement as early as you can and contest strongly the case so that tenant could not get injunction order from court.Suit filed by tenant is injunction suit only to get restrained you not to evict him forcefully and without fur process of law that does not mean that you can  not proceed for sell.

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