Injunction suit

Querist : Anonymous (Querist) 04 March 2011 This query is : Resolved

If a tenant is staying in a place for 25 years and is filing a suit as the landlord has stopped accepting rent for some time, and suspects that the landlord has sold his property for redevelopment - Is it mandatory to ask for declaration of tenancy rights in prayers in injunction suit under the Bombay Rents Act? Isn't it obvious as the person is staying as a tenant for 25 years? All he needs is assurance that his tenancy wont be terminated or his tenancy rights wont be infringed upon. Are there any judgements that makes the declaration of tenancy rights optional in an injunction suit under the Bombay Rents Act?

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adv. rajeev ( rajoo ) (Expert) 04 March 2011
He cannot seek injunction against the owner. He can only file a suit with a prayer that " owner may kindly be restrained by an injunction order as not to evict the tenet without following the due procedure of law"

Querist : Anonymous (Querist) 04 March 2011
Ok, thanks. But is it compulsory to put a prayer for declaration of tenancy even when it is obvious given that the tenant is living there for 25 years?

Bhushan V. Kale (Expert) 04 March 2011
So far as the prayer of Declaration is concern, it is completely dependent upon the circumstances. However, prayer for declaration is not necessary. mere injunction can suffice your purpose.

Raj Kumar Makkad (Expert) 04 March 2011
I do agree with Bhushan.

G. ARAVINTHAN (Expert) 04 March 2011
declaration comes only for tenancy rights and not for other tenants

a.manoharan (Expert) 05 March 2011
Yes.declaration comes only for tenancy rights and not for other tenants

Advocate. Arunagiri (Expert) 05 March 2011
Injunction is enough as suggested by Mr.Rajoo.

Uma parameswaran (Expert) 05 March 2011
Declartion can ask for premature eviction.

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