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sunil (prop)     25 August 2021

How to protect subsisting tenancy and possession

Dear Panelist,

What are the remedies available in the situation as below:

  1. “C” with the help of “A” is trying to take possession of the said room without any order from the Ld. Court(s).
  2. What remedies (immediate) are available to “X” to protect his subsisting tenancy and possession of the said room in this Pandemic time when courts are not taking normal hearing and opposite party is getting adjournments without any hearing.

Synopsis

  1. “A” become new landlord of the premises incumbent with tenants.
  2. “B”, a partnership firm, is the tenant from erstwhile landlord.
  3. The rented premises, a room, of “B” is under court receiver in a title suit TS/1 filed by partner “X” against his partner “Y”.
  4. “A” issues rent bill to “C”, a new tenant, without taking possession/evicting “B”.
  5. “C” files a Title suit TS/2 against “A” & “X” with the aid of trade license (documents) unrelated to said rented premises and obtained an ex parte ad-interim order in his favor.
  6. “A” filed a revision petition in HC against “X” & “Y” challenging the lower court’s order in TS/1 directing the Court Receiver to put his lock & Key on the rented premises of “B”.
  7. “C” tried to become party in Revision suit but Hon’ble HC rejected his petition on the ground that the documents presented by “C” are not trustworthy.
  8. Hon’ble HC modified the lower court order to the extent that after inspection Court Receiver cannot put his lock & Key upon the said room.
  9. As such, after the last inspection said room was left open and Partner “X” put his lock & key to symbolically take possession though his formal request filed before the last inspection is pending before the trial court.
  10. In Title suit TS/1 there is a stay from HC in a revision suit filed by “Y” upon rejection of his petition under Order 7 Rule 11 of CPC.
  11. In Title Suit TS/2, petition under Order 39 Rule 4 of CPC is pending. Petition under Order 7 Rule 11 of CPC and Order 6 Rule 17 CPC are pending for final hearing.
  12. NOW,”C” with the help of “A” is trying to take possession of the said room without any order from the Ld. Court(s).
  13. What remedies (immediate) are available to “X” to protect his subsisting tenancy and possession of the said room in this Pandemic time when courts are not taking normal hearing and opposite party is getting adjournments without any hearing.

 

Thanks



Learning

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