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satish kumar (none)     04 April 2010

injection suit

i have quarrelsome tenant entered my house with oral agreement.  he is littigant. he went for injection in lower zilla courts. while i was away from home at abroad , i gave power of attorney to my mother to present me in court.

he got temparary injection while suit was pending.he framed my mother as if she is removed motor ,electricity .. gave notice serially but my mother didnt responded to notices well. he spent a lot of money on that.

when the case came for hearing after 5 yrs , my mother vexed and escaped of the town.

i have cancelled the poa and reappointed new advocate.

in lower cout , my mother become exparty and injection graned on her and granted relife to me as i was not in town to intefere with tenants possession.   my mother was not present for witness and since i was way , i was not  present  for witness. mean while i have filed an eviction suit.

tenant went for appeal, in upper zilla court Igot reverse judgement.  injection removed on my mother and granted on me as i was original owner.  since neither me nor my mother was gave witness , they felt negative and favoured my tenant. but neither  point of inteference with tenants possession was proved.

I strongly feel money has played big deal in that judgement.

now still eviction is pending. years going on but nothing is moving.

questions:

1. is there any hope of getting stay on first appeal injection order.

2. I desparately need my house back for self occupation, what would be consequence if evict him out forcefuly  , even injection is given.

3. will the injection goes with selling the property ?



Learning

 1 Replies

Suryanarayana Tangirala (Advocate)     05 April 2010

I presume the injuction suit filed by your tenant is not to forcibly dispossess him without following due process of law,if so as u said u have already filed an eviction suit which is pending that means u r not dispossessing him without following due process of law and u filed an evcition suit which is due process of law,so the Injuction will not come in the way of u r Injuction suit,u pursue that eviction suit and expedite the same, u can dispose of YOUR PROPERTY at u r will Injuction suit will not come in ur way,Dont worry abt Injuction suit it does no harm to u practically isnt it?The query regarding forcefully vacting tenant is answered too i beilive

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