Permanent injunction
gurditt Singh Saini
(Querist) 16 September 2011
This query is : Resolved
Sir,
Can Tenant take Injunction against the Landlord restricting him from disconnecting the water supply to the washbasins installed in Barber Shop. Lease deed already executed for the Barber business, but the landlord is taking the benefit of estate office notice regarding violation of conditions of allotment, as the tenanted premises having wooden partition contrary to allotment condition.
R.Ramachandran
(Expert) 16 September 2011
Whom you call as a 'Landlord' is in fact a lessee of the government accommodation. He has no permission to sub-lease the premises.
As a sub-tenant, you can definitely approach the court praying for injunction. But whether you will get any relief is doubtful.
Advocate. Arunagiri
(Expert) 16 September 2011
The agreement between the tenant and landlord, can be over ruled by the notice of violation by the estate office.
The premises can be used only for the purpose, for which it is allotted.
If the tenancy agreement violates the allotment condition, the tenant can not get injunction from the court based on the tenancy agreement.
Guest
(Expert) 16 September 2011
if the terms and condition of the lease agreement is not clear and the landlord on the basis of notice or with the mode of estate officer is interferring than the relief will be granted and if the terms and conditions are violated than the barber will not get the relief in this regard.
jitender pawaria
(Expert) 16 September 2011
it is well settled law of our Hon`ble supreme court that injunction can`t be granted against true owner.
now in your case you addmitted that you violate the terms and conditions of the lease deed court grant injunction order it is really doubtful.
dev kapoor
(Expert) 17 September 2011
No doubt,not at all.No injunction to Barbar-a sub-tenant is to be granted as he is sub let the part of Estate department's property in violation of the agreement of Lease.If not,then it is infringement of his right.He is entitled to injunction against his VIOLATION OF HIS RIGHT TO USE PROPERTY UNINTERRUPTEDLY.Lessor/Lndlord has right to stop unlawful use of his property.
Shastri J.K.
(Expert) 17 September 2011
I agree with Experts opinion.
Guest
(Expert) 17 September 2011
Your question does not seem to be complete, as it does not provide the following information:
- What is the link of the lease of the barber shop and the landlord?
Who executed lease with the barber, the landlord or the estate office?
Is the owner of the building the real landlord for the property on freehold basis or is also a lease holder of the estate office?
Devajyoti Barman
(Expert) 17 September 2011
The court may grant you the temporary injunction, not the permanent injunction.
prabhakar singh
(Expert) 17 September 2011
It is hard to believe if permanent injunction can not be granted,then how temporary can be,as later is granted on likely hood of the former.
