Hello Friends,
I am again facing a legal problem.
Problem: The Defendant gave his house to the Plaintiff to live in without any rent, etc. One day the Defendant demanded his house back but the Plaintiff could not return it. The Defendant threatened to forcibly dispossess the Plaintiff from the house. The Plaintiff filed a Suit for Permanent Injunction restraining the Defendant from interfering into his peaceful possession. The Defendant filed a Counter Claim seeking the possession of the house. The Court granted Interim Injunction to the Plaintiff till the disposal of the case and restrained the Defendant from dispossessing the Plaintiff except by due course of law. But after the grant of Interim Injunction the Defendant violated the interim injunction and forcibly dispossessed the Plaintiff from the house. Now the Plaintiff has no place to live in.
My Queries:
1. What is the exact procedure to adopt now by the Plaintiff ?
2. Do I need to amend the Plaint? If Yes then why so, and if No then why not? please tell me.
3. How will the Plaintiff get back the possession of the house?
4. What is the effect on the Main Suit? Is my main suit infructous now?
5. Also cite some Supreme Court or P&H High Court Judgments.
6. Can I also file an Application under Sec.156(3) CR.PC before the Magistrate for the criminal act done by the Defendant to get the FIR registered against him ?
I will be thankful to you.
Vikram Berwal
Advocate
e-mail:- vikramberwal@gmail.com
