Injunction order - vacating premises
SHASHIDHAR A
(Querist) 05 August 2013
This query is : Resolved
Dear Advocates,
I had already discussed about a query of evicting my F-in-L tenent from Mysore. With due respect to the group. I would like to highlight that this tenant completly exploiting the innocence of my F-in-L by not vacating the premises which was given on rent.
By profession this tenant is an Advocate and had given a self declaration in 100 stamp paper that he will vacate the premises on or before 01-08-13. But by proactive he went and got the Injunction Order for not vacating the premises till 2014, by giving false reasons. He also mentioned that there is a life threat by my F-in-L and if anything happens to him my F-in-L is responsible.
The fact is, there is no evidence with him to proove this. In contrast to this we have valid agreements and their extentions to main agreement which mentions that on mutual agreement he is supposed to vacate the premises.
My main query is, can we get this Injunction Order cancelled or the withdrawal of this order. If yes what is the way. Any how we are going to approach a Lawyer to discuss this but before that I would like to understand the possibilities and other options we have.
My in laws only stay in these premises and both are Senior Citizens, are there any special provisions or any law or any protection to Senior Citizens in Mysore which can save these kind of threats.
My F-in-L is going to depression and his health is also detoriating due to this. To be honest, this is like a mental torture given by this tenant to my F-in-L.
Request to help me.
Advocate Ravinder
(Expert) 08 August 2013
You have not mentioned that what the rent value. Because I should not whether it comes under Rent control Act or general Act.
Anyhow, the law is liberal in favour of the tenant. The tenant should be evicted with due process of law and not illegally. It is nothing wrong of getting injunction order by the court. Do not worry about that. let him take the injunction order.
Instead of putting efforts to vacating the injunction order, you file a fresh suit for eviction against your tenant and also recovery of due rents, if any and damages for wrongful possession of the property. Hire an experienced and reliable lawyer.
