Suit for grant of permanent injunction
Adv B.B.Gambhir #9814820602
(Querist) 28 October 2015
This query is : Resolved
chet singh is landlord Kultar singh is tenant. i am from the side of landlord cum plaintiff.kultar singh has taken one room for office but bathroom, verrandah, kitchen and latrine and stairs are commonly used by chet singh and kultar singh. but kultar singh had alone started using the common portion without allowing chet singh to use so chet singh filed a suit for grant of permanent injunction against Kultar singh restraining the defendant from using common bathroom, open verrandah, stair case kitchen etc. in this case court decided the application under order 39 rule 1 and 2 allowed and directed kultar singh to put a common lock on the common property so that both the parties can use it commonly but kultar singh has not complied the same so far. contempt proceedings are pending.civil suit for permanent injunction is also pending for evidence.
my question is how chet singh can comply the interim order so passed by trial court while passing the application under order 39 rule 1 and 2.
Anirudh
(Expert) 30 October 2015
What do you mean by Kultar singh has not compoied the same so far.
In fact, it is the landlord who went to court for injunction against Kultar Singh. Therefore when there is an interim order, that has to be complied with by the Landlord Chet Singh.
All that he has to do is to put a lock, hand over one key to Kultar singh and retain the other with him. Whoever wants to use will use the bathroom etc., through the key available with him.
K.S.Srinivas
(Expert) 30 October 2015
I agree with Sri Anirudh.
