Civil suit versus rcop
sridhar
(Querist) 11 September 2011
This query is : Resolved
civil suit by illegal tenant, for bare injunction not to evict by undue process of law. 89 to 93 written (unregistered) agreement was relied. after 93, until today no document of agreement.
defence was taken that suit is not maintainable since it is under CPC, but RCOP only can lie. preliminary issue to decide whether suit for bare injunction is not maintainable is pending. no legal steps taken by the landlord so far to evict, becuse there is no valid rent/lease deed. any suggestion in favor of the defendant (landlord).
prabhakar singh
(Expert) 12 September 2011
Even if the tenancy agreement is invalid or illegal,a suit can be filed to evict,which lies ,and there is no bar,tenant has him self admitted his possession is as tenant hence it shall be construed that his possession is permissive and not adverse but in law he is unauthorized occupant hence not rent but damages for use and occupation can be realized through court.hence on his part land lord should file the suit after terminating
the tenancy as he though not a tenant DEJURE but DEFACTO tenant he is with relation to land lord and even illegal document can be looked into for collateral purposes .
Advocate. Arunagiri
(Expert) 12 September 2011
A person who is in possession can file a civil case for injunction against unlawful eviction.
That person can be evicted by rent controller. The injunction granted by the civil court will not affect the order of the rent controller.
H. S. Thukral
(Expert) 12 September 2011
Injunction suit is maintainable.
An earlier agreement establishes the relation of landlord and tenant. You can file an eviction petition if the rent control laws are applicable or a suit for ejection if TPA is applicable notwithstanding the pendency of injunction suit. If you can give more particulars as to amount of rent/default etc, my advice could be more specific.
girish shringi
(Expert) 14 September 2011
I do agree with the experts.
