Injunction not extended
Querist :
Anonymous
(Querist) 13 April 2023
This query is : Resolved
Respected Sir
I am occupier of a property in name of my OP. The OP has taken money ( 90% of total value) from me & verbally promised to register the property in my name.
Since last three years I am residing on the property. Since OP trying to ousting me from said property, my advocate file a petition for declaration of bonafide occupier of the property & money suit.
The court has passed temporary injunction in my favour in Title Suit.
If injunction is vacated by any way, can I continue to reside on the property ?
Is there any chance of vacation of injunction ?
If court did not allow extension of injunction, then how can I recover my money ? Since OP is living in rented accommodation.
T. Kalaiselvan, Advocate
(Expert) 14 April 2023
If the injunction is vacated then the owner of the house can file an eviction petition to evict you, however until the court passes an order for eviction, you can occupy and remain in that property.
If injunction is not extended or vacated you can either proceed with the trial of the main suit or prefer a revision petition before high court seeking to extend the injunction and make the injunction absolute till the disposal of the suit
P. Venu
(Expert) 15 April 2023
It appears you have adopted indirect means. In my considered opinion, you should have filed a suit for specific performance.
So also, having secured the temporary injunction, why the apprehensions as stated?
Querist :
Anonymous
(Querist) 15 April 2023
I have asked my advocate to file suit for specific performance, but he declined since there is no written agreement.
Advocate Bhartesh goyal
(Expert) 24 May 2023
I concur the opinion expressed by expert V.Venu. Suit for specific performance can also be filed on basis of oral and written agreement
