Opinion on jurisdiction.
Rajini Sunderraj
(Querist) 14 October 2013
This query is : Resolved
Sirs Good evening.
A case of injuction was allowed against the owners for non-interference.
An appeal subsequently by owners(Def in O.S) was dismissed by the CJ court.
The allegations against owners(def) in O.S was not proved but injuction was made permanent.
The Pet(tenant) in O.S has filed several documents which have been forged and brought up. It is substantiated by doc evidence. not one of the allegations was proved in the suit, which is sad as we were on the loosing side.
Now can i file a WP in HC squashing the same, can i contemplate eviction and deposition of rents pending for several years in the same WP as the tenants are resorting to illegal and anti social works in our premises.
Or kindly suggest best legal course apart from eviction suit....
In keen anticipation for a quick and valuable advice.
Thanks Sirs.
Devajyoti Barman
(Expert) 14 October 2013
Landlord can file suit for eviction at time.
The order injunction can be challenged to high court.
Raj Kumar Makkad
(Expert) 14 October 2013
Specific law overrides general law so better to resort Rent Control Act of your State and get the eviction on the new grounds which you have mentioned now.
R.K Nanda
(Expert) 14 October 2013
u can file writ in hc.
Rajendra K Goyal
(Expert) 15 October 2013
Agree with the experts, nothing more to add.
Rajini Sunderraj
(Querist) 17 October 2013
Thank you sirs for your valuable suggestion and advice.
Rajini Sunderraj
(Querist) 17 October 2013
Sirs,
In continuation to my query regarding Jurisdiction, while filing WP in HC should a notice be served on the other side by the petinioners (owners) to the defendants (tenants) or will it be heard on merits and disposed with out making the tenants a party to the WP.
Pl clarify.
Thanks.
prabhakar singh
(Expert) 17 October 2013
First of all it may be refreshed that a tenant can at best file a suit of injunction that landlord be restrained from evicting him forcefully.
In such a suit once relationship of landlord and tenant gets prima facie proved,the court would confirm the injunction order and shall even grant permanent injunction and for this much a little the landlord should not get annoyed at all.
Despite such a decree the hands of land lord are free to evict the tenant by terminating the tenancy for defaults caused by the tenant against the terms of the tenancy and state tenancy law applicable to premises.
I am not convince that landlord needs to contest tenants injunction suit against forceful eviction tooth and nail in court of appeals or by any writ as I see that would simply be wastage of time fetching no fruitful result.
Hence visit a civil law lawyer practicing Rent law cases,discuss with him,issue notice and file a eviction case is your proper route to go ahead.
Devajyoti Barman
(Expert) 17 October 2013
All the parties in lower court is to be made party in HC. No new person can be added as party therein.
Rajendra K Goyal
(Expert) 23 October 2013
Agree in High court no new person can be added in the appeal.
