Injunction Order
Suresh
(Querist) 01 October 2009
This query is : Resolved
Hi,
I would like to know about Injunction Order and its effect if its not obeyed.
We are a tenant and paying rent regularly.
4 years back my owner started rejecting rent(saying he has sold the property, but no one has appraoched for claimining the property) which was sent as money order, then we
started paying the same rent through rent controller.
My owner was receiving rent from 3 shops and one shop was mine. Recently few builders have approached the other 2 tenents and has done settlement with them, those 2 shop tenents are ready to vacate their shops. Builder has a piece of land behind the 3 shops which i mentioned, he has apprached them(other 2 shops) to get an approach road for to the piece of land behind the shops.
We have heared that after vacating the 2 shops he will dismantle the shops, in that process it is obvious that my shop will also be damaged as all shops are under one roof.
We have taken Injunction Order Vs the Owner ( whom we used to sent rent, as no has appraoched us for claiming the property owner, we dont know who the owner is)
My query is that now the bulder who has vacated other 2 shops is unaware of the Injunction order taken by us. Suppose he comes to dismantle the other 2 shops can we stop him from dismantling. can he be booked under the law of disobeying injunction Order. Please Advice.
Kiran Kumar
(Expert) 01 October 2009
have u taken permanent injunction or temporary injunction?
my suggestion is if the case is pending then find out the latest owner ship title of the property from the Registrar's office and implead the builder as a party.
if injunction case is not pending then file a fresh one against the present owner.
u must b having the address of property on that basis find out the ownership title.
builder may take excuse of oral communication of transfer of ownership to him from ur previous landlord.
and i dont think u can hold him guilty of contempt if the injunction order is violated by the builder in the given CIRCUMSTANCES.
adv. rajeev ( rajoo )
(Expert) 02 October 2009
Have u taken injunction order against the buidler?, if not so injunction orader will not binding on him.
If the suit is pending and builder is the party then file an application u/o 39 r 4 to take the necessary action against the builder for violating the court order.
From you question it seems that you have not taken any injunction order against the buidler, so file a fresh suit aginst the buidler as not to dismental and not obstruct the peaceful enjoyment of the suit property.
Raj Kumar Makkad
(Expert) 02 October 2009
Opinion of Kiran K and Rajeev is perfect.
Suresh
(Querist) 05 October 2009
Thanks for the reply.
We have taken Ex-Parte injunction order against the old owner, the order needs to be extended every 15 minutes.
we apprached registrar appraoched, and there is no entry of new registration, it seems that the builder might have done GPA.
In the injunction order we have included all the GPA holders and their henchmen who may try to demolish.
can we show them the injunction order and stop builder from dismentling. In this case if we apprach Police, will they stop the dismentling based on injunction order. Please advice.
