Granting of Injunction
bala
(Querist) 02 September 2009
This query is : Resolved
Hi,
I own a small piece of land in T.Nadu & is let for cultivation. The cultivating tenant has not paid any rent for years and now has issued temporary and permanent injunction notice for me not to enter the land ?
Is this valid ?
How do I counter it and ensure the temporary injunction is NOT granted ?
Pls. reply.
Thanks
Bala
RADHA PYARI SRIPADA
(Expert) 02 September 2009
1. At the outset you are not expected to keep quiet if he is not paying rent for so many years. you ought to have taken some kind of legal action / served notice on him demanding the same.
2. Mere notice from tenant is not final and valid unless a case is instituted, you are heard in the matter and an order is given by the court granting such injunction. if a notice is sent from court, appear in the case and file your objections to contest the same. If an exparte injunction is granted, you need to file an application to set aside the exparte order. seek legal assistance from local lawyer for further help in this matter.
R.R. KRISHNAA
(Expert) 02 September 2009
As per the Tamilnadu Cultivating Tenants Protection Act, suit for injunction CANNOT be filed in civil court. For any grievance, the tenant can only approach the Revenue Divisional Officer through a petition. I think as per section 6 of the said act suit for injunction is specifically barred and not maintainable (in case of cultivating tenants).
On this ground itself the suit is liable to rejected in the court. Please tell your advocate to file Order 7 rule 11 petition (petition for rejection of plaint) and the court will definitely dismiss the case at the earliest.
You have a good case to win.
Best of luck.
bala
(Querist) 03 September 2009
Thanks Sripada for your advice.
Bala
bala
(Querist) 03 September 2009
Thanks Krishna for your expert opinion.
I have been posted a registered letter by the tenant's advocate stating that a suit has been filed for permanent injunction and another for temporary injunction barring me from entering the land. NO LEGAL NOTICE has been served by the Tenant's advocate or through the court. Without the notice, I do not have full details stated in the notice except the advocate's letter which mentions the injunction cases has been filed in court.
In this regard, should a legal notice not be served by the tenant's advocate and or through the Court ?
Is it valid for a suit to be filed in court without Notice being served first ?
Please advice.
Many Thanks in Advance
Bala
