How to protect subsisting tenancy/possession?
sunil
(Querist) 25 August 2021
This query is : Open
Dear Panelist,
What are the remedies available in the situation as below:
1. “C” with the help of “A” is trying to take possession of the said room without any order from the Ld. Court(s).
2. What remedies (immediate) are available to “X” to protect his subsisting tenancy and possession of the said room in this Pandemic time when courts are not taking normal hearing and opposite party is getting adjournments without any hearing.
Synopsis
3. “A” become new landlord of the premises incumbent with tenants.
4. “B”, a partnership firm, is the tenant from erstwhile landlord.
5. The rented premises, a room, of “B” is under court receiver in a title suit TS/1 filed by partner “X” against his partner “Y”.
6. “A” issues rent bill to “C”, a new tenant, without taking possession/evicting “B”.
7. “C” files a Title suit TS/2 against “A” & “X” with the aid of trade license (documents) unrelated to said rented premises and obtained an ex parte ad-interim order in his favor.
8. “A” filed a revision petition in HC against “X” & “Y” challenging the lower court’s order in TS/1 directing the Court Receiver to put his lock & Key on the rented premises of “B”.
9. “C” tried to become party in Revision suit but Hon’ble HC rejected his petition on the ground that the documents presented by “C” are not trustworthy.
10. Hon’ble HC modified the lower court order to the extent that after inspection Court Receiver cannot put his lock & Key upon the said room.
11. As such, after the last inspection said room was left open and Partner “X” put his lock & key to symbolically take possession though his formal request filed before the last inspection is pending before the trial court.
12. In Title suit TS/1 there is a stay from HC in a revision suit filed by “Y” upon rejection of his petition under Order 7 Rule 11 of CPC.
13. In Title Suit TS/2, petition under Order 39 Rule 4 of CPC is pending. Petition under Order 7 Rule 11 of CPC and Order 6 Rule 17 CPC are pending for final hearing.
14. NOW,”C” with the help of “A” is trying to take possession of the said room without any order from the Ld. Court(s).
15. What remedies (immediate) are available to “X” to protect his subsisting tenancy and possession of the said room in this Pandemic time when courts are not taking normal hearing and opposite party is getting adjournments without any hearing.
Thanks
P. Venu
(Expert) 26 August 2021
Why A,B,C,D....X? Post the real problem, if any!
sunil
(Querist) 26 August 2021
Dear Venu Sir,
1) I have used "A", "B" "C" to hide the real names of the parties,
2) Rest is Real Problem in a summarized way. (If needed can share case/suit nos. on whatsapp/email)
I look forward for your suggestions.
Thanks
Dr J C Vashista
(Expert) 27 August 2021
Be brief and specific if you want an obligation of experts on this platform.
sunil
(Querist) 27 August 2021
Dear Dr J C Vashista,
When New Tenant “C” of room No. 11 tries to claim/take possession of the room No. 22 of tenant “B” by showing /annexing following documents:
a. Trade License in self-name “C” having address of room No.11
b. alleged rent bills issued by landlord “A” for room No. 22
Under which IPC / CrPC section(s) case should be filed by Partner “X”, tenant “B” of the room No. 22 against “C” & landlord “A”?
Thanks
T. Kalaiselvan, Advocate
(Expert) 28 August 2021
If X is the genuine tenant and his tenancy agreement is still effective and also approached court with a suit for injunction against the landlord, as well as ther is no agreement between A and C prior to filing this suit by X, then X can file a criminal complaint with the police against C for criminal trespass, especially when the matter is pending before a court of law.
On the same lines he can approach high court also seeking direction to the concerned police to give you protection to the property based on the facts and documentary evidences you rely upon.
sunil
(Querist) 29 August 2021
Dear Kalaiselvan Sir,
Please give one more suggestion:
When New Tenant “C” of room No. 11 tries to claim/take possession of the room No. 22 of tenant “B” by showing /annexing following documents: a. Trade License in self-name “C” having address of room No.11 b. alleged rent bills issued by landlord “A” for room No. 22
of tenant “B” by showing /annexing following documents:
a. Trade License in self-name “C” having address of room No.11
b. alleged rent bills issued by landlord “A” for room No. 22
Apart from section 448 IPC, which other IPC / CrPC section(s) case should be filed by Partner “X”, tenant “B” of the room No. 22 against “C” & landlord “A” for using unrelated documents (a. Trade License in self-name “C” having address of room No.11)
What should be charged under for unrelated document - Fake / fabricated / Perjury / Cheating / Breach of Trust, or any other section?
I am sure you can help me to understand the correct definition and the ingredient required to press charges against the accused/culprits.
Thanks
P. Venu
(Expert) 30 August 2021
When you are unable to make us understand the facts in a language that we can comprehend, why you are expecting meaningful suggestion from this platform?
First of all, what is your real concern and how you are related to the issue you are trying to highlight? And post simple facts without assumptions, presumptions and subjective opinions.
sunil
(Querist) 30 August 2021
I feel sorry not able to convey my query in the way experts can understand.
I am grateful to Sri Venu to pointing out the lacuna in my submissions, let me try once again:
Its a year 2015 case.
Myself represents "X" as a partner of firm "B" the tenant of room No. 22.
In the year 2021
Without any court order New Tenant “C” of room No. 11 (Year 2017) tries to claim/take possession of room No. 22 by showing /annexing unrelated documents:
a. Trade License in self-name “C” having address of room No.11**
Apart from section 448 IPC, which other IPC / CrPC section(s) case should be filed by “X” against “C” & landlord “A” for using **(a.) unrelated documents?
Thanks
