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Sharina (Doctor)     01 February 2013

Permanent injunction of tenant

A tenant in my flat has not paid rent for the last four months. All the post dated cheques given by him were dishonoured . After much persuasion the rent was paid in cash for the first seven months.even the electricity bills for the last four months have not been paid by him due to which the electricity dept has disconnected the electricity meter.The rent agreement expires in the next ten days .now he has filed a case for permanent injunction stating fear of forcible eviction without any proof.

Can the tenant get permanent injunction in this case?



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 6 Replies

Advocate Bhartesh goyal (advocate)     02 February 2013

Yes,court will issue injunction order against landlord not to evict tenant forcefully.landlord can evict tenant by adopting due process of law.

1 Like

Sharina (Doctor)     02 February 2013

Thank you for the advise.

can I file a suit for eviction even though i have just got a notice reg the permanent injunction and have been asked to appear in court on 5 th feb? How long does it take for the eviction and who will pay for the pending electricity dues amounting to more than 45000/- and also the rent.

Advocate Bhartesh goyal (advocate)     02 February 2013

Yes,You can initiate eviction proceedings any time but it wil lbe more advantageous to you, if you initiate eviction proceedings before 5th feb 2013,you can take stand/ defence in injunction suit that you have already proceeded for eviction of tenant in court which is due process of law so tenants plea/fear that landlord would evict him forcefully be held false.Tenant is liable to pay the outstanding amount of electicity dues. 

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(Guest)

Issue notice of eviction on the basis of bonafide need and default in payment of rent and file suit for eviction. The same shall be a ground for you before the court in the suit instituted by the tenant, else you can file a counter claim in the said suit instituted by tenant.

1 Like

Sharina (Doctor)     03 February 2013

Thank you sir for the advise. I have only one day ie monday to initiate the eviction proceedings .is it possible to do so in aday?

Advocate Bhartesh goyal (advocate)     03 February 2013

Yes,of cource.

1 Like

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