Recovery of possession & injunction
R.M.Bhaduri
(Querist) 27 December 2010
This query is : Resolved
A tenant was dispossessed by his landlord without his consent, and immediately rented premises was part demolished and are contemplating to demolish the rest, a suit for recovery of possession under Specific Relief Act has been suggested by me, now in front of me I have two questions 1. Whether I can claim relief of injunction in the suit itself or have to file separate petition for injunction or what types of reliefs I can claim (it is to be kept in mind that a person out of possession cannot claim the injunction as it has been laid down by Supreme Court); 2. What will be the valuation of the suit, whether it will be Annual rent or something else. Pl. clear my doubts.
Thank you
Y V Vishweshwar Rao
(Expert) 27 December 2010
suit for recovery of possession under Sec 6 of Specific Relief Act !
Y V Vishweshwar Rao
(Expert) 27 December 2010
1-Ask for injunction not to raise any Structures so as to obstruct the Delivery of possession to you (as per Your suit for possession u/s 6 of SP act )
2- The Court Fee may vary from state to stare - the Value of the suit at annual Rental value my be serving the purpose -as the Land lord eviction suit to pay Court Fee on Annual Rental Value!
3- However the Bihar state Court Fee Act to be followed
H. S. Thukral
(Expert) 27 December 2010
File a possessory suit under section 6 of the Specific Relief Act within 6 months of dispossession and for mandatory injunction to reconstruct the demolished portion. Move an application restraining the landlord from further demolition within same suit.
As far as court Fee is concerned, it is my opinion that you value the suit as a recovery of possession from a tresspasser.
Gulshan Tanwar
(Expert) 27 December 2010
Also go for ad-interim injunctions at this earlier stage else you will be bereft in Appeal and Second appeal as not raised in initial suit/ injunction.
