Injunction against licensor.
sajoli
(Querist) 04 April 2017
This query is : Resolved
I have took shop on rental basis in Feb 2014 to Feb 2017 for which I have paid Rs. 1200000.00 as Refundable Security Deposit and Rent Rs. 1.00 per Month for 36 Months through registered agreement with clause containing both parties can terminate this agreement before expiry by giving 90 days advance notice.
Where I have terminate this agreement by giving termination notice in July 2015.
Till now licensor has not refund my security deposit and trying disposes me without paying me.
How and where I should approach to take injunction and not to disposes me without due process of law.
Seniors please guide.
Dr J C Vashista
(Expert) 05 April 2017
Your lease & licence has already expired in Feb 2017 (today it is 05th April 2017-if I am not wrong).How and why you are in possession and did you not vacate the rented property? What sort of injunction do you intend/plan to seek from the Court?
What were you doing in the rented property since July 2015 to February 2017? Were you dispossessed during this period?
Consult and engage a local lawyer for issuance of legal notice for taking over physical possession of demised property and refund of your security deposit followed by a suit for recovery.
Rajendra K Goyal
(Expert) 05 April 2017
It seems you have not vacated the premises on termination of agreement notice.
If landlord is not returning your deposit, send legal notice.
sajoli
(Querist) 05 April 2017
Since July 2015 licencor is buying time that he will lease-out this shop to some new tenant and he will refund my deposit from new tenant's deposit as he dose not have funds.
Possession is still with me cause their is a clause in agreement that i will vacate the shop immediately after receiving my deposit.
But now he act that he need this permises and says paise jab aayenge dedunga muje meri jagah chaiye.
I am intend to get injunction from court that licencor should not disposes me without refund my deposit or without due process of law.
Seniors please help.
as i have given all my money to licencor and even dose not have court fee amount due to loss in my business i also have to pay bank loan as well as interest.
please help.
Dr J C Vashista
(Expert) 06 April 2017
A tenant has no right to seek injunction against landlord .
The relief of dispossession without due course of law shall not be applicable in your case.
You have to approach the court with clean hands, wherein you are still in occupation of the demised property. Accordingly, after expiry of terms of agreement, you are a "trespasser" for which the licensor may/ can/should claim damage and mesne profit from you.
However, suit for recovery can be instituted by you.
Discuss with a local prudent lawyer showing subject L & L Agreement.
Advocate. Arunagiri
(Expert) 06 April 2017
You may seek for a mandatory injunction, seeking not to evict you, without any due process of law.
By this, you will be protected from illegal eviction, without paying the advance money.
