Can we get injunction on other party publishing public notices to defame property?
Anil Kr Garg
(Querist) 18 July 2015
This query is : Resolved
I am defending a specific performance suit. Court has rejected injunction twice. Trial has not started yet. I have no doubt that the suit will be ultimately dismissed by court on merits. Yet, I am apprehensive of the plaintiff publishing PUBLIC NOTICES to defame the property and prevent me from selling it.
Can we move an application to court to prevent the plaintiff from publishing any more PUBLIC NOTICES and from DEFAMING the property designed to prevent me from using it?
Of course, I am aware that the sale of property or flats after construction, will be subject to the principle of LES PREDENCE I hope spelling is right).
Pls advise. Thank you very much
P. Venu
(Expert) 21 July 2015
How a property can be defamed?
Anil Kr Garg
(Querist) 21 July 2015
If one goes to publish PUBLIC NOTICE stating that buyers should stay away as they will not get any rights, and suit is pending before court, the market ignores such property for any business. Nobody evaluates the merits of the case, and it is enough that it is a disputed property and there is a possibility of buyer getting stuck somewhere. Unfortunately, merits or otherwise, a litigant is entitled to stay in courts for as long as he wants, and gets himself capability of publishing such PUBLIC NOTICES and DEFAME the property as being disputed and bad for purchase.
Guest
(Expert) 21 July 2015
Property cannot be defamed.
However, based on the stated facts, it can be said that all depends upon the contents of the notice. In general, if the property is in dispute, the other party for the awareness of general public can issue public notice with facts of the case. If you find anything other than the facts, you can bring that in the notice of the trial court for appropriate order or can move application for injunction, provided you can justify your stand.
However, merits of the case can be evaluated only after the judgment in disputed case. So, if you win the case, you can also issue public notice to the effect of clear title of the property without any encumberance.
