In 2008, I had rented about 20 cents of land to a "cement material" manufacturer. However, there was no agreement and this was done in good faith for a monthly rent and that he would vacate when I asked him. In 2013, on asking him to vacate, he files a suit praying that he is a "Tenant by Sufferance" and that I had promised him the lease till 2018 and only the court can give orders for him to vacate. He also filed an "Injunction Order"- The lower court has not granted him any injunction and dismissed the injunction suit. My questions is A) Now that he has no injunction order, can I enter my property and start functioning from it B) Can I fortify my walls, dispose his products and not grant him entry C) What are my rights as a lessor, when the lessee has no "Injunction". (PS- I have filed an eviction suit and those hearings are still going on)
1. You cannot enter into the property jist like that and throw him out.
You have to file an ejection petition to eject him out of your property by following the procedures of law in this regard.
2. You canot lay your hand on his property, it will be considered as an illegal act punishable under criminal law.
You may have to follow due process of law for smooth ejection.
3. You can evict or eject him when there is no injunction against you by any court by following process of law.
1. The court may have dismissed his suit but it has not given you the possession of the property. Even a trespasser has to be evicted according to the law. So the remedy for you is to file a suit for recovery of possession against him in which you may also claim mesne profits from him.
2. You are at liberty to fortify your walls if there is no injunction operative against you.
1) you have to file eviction suit and obtain orders directing him to vacate your premises
2) you cnnaot dispossess him wothout following due process of law
3) you cnnaot fortify the walls , dispose of his products and refuse him entry
I have mentioned already in my first Q that I have filed an eviction petition and the hearings are in process. However, what is the use of a "No Injunction" for me if I don't have any rights. In short, what is the benefit I derive that the court has not granted an injunction against me. In all the above replies, all of you have mentioned that I must follow due process of law and take possession only if the court has granted me. Then, what use is the "No Injunction"??
1) you have to sit till court passes eviction order
2) during pendency of suit interim reliefs are refused but he would continue to remain in possession till disposal of suit
3) the court did not believe his cock and story
4) the benefit you gain is you can evict him as per court orders if there is no stay order
Dear Sir..
you can file the matter against injunction ..in High Court or Supreme Court Of India..
seek time to evict the premises...
regards
Mob-No-[deleted]
First of all you should understand the fact that it was he who approached court seeking the relief of injunction agaisnt you and not you had any grievances agaisnt him that you filed a case against him for any relief.
Now the court has refused to grant him any relief of injunction against you.
Therefore it is he who is aggrieved by the court's decision and not you.
Since your eviction petition is going on, you have to concentrate on that alone, you cannot take law into your hand and enter into the property where he had been admittedly a tenant so far.
As you have already initiated action through due process of law, what prompts you to violate the law and take a decision to indulge into such illegal acts.
Dont misinterpret law and come to a conclusion by yourself which is unlawful.
The injunction had been sought by him, which had been denied. So the status quo has to continue. You cannot derive any benefit out of the decree of the court whereby and whereunder the suit against you had been dismissed. Mere dismissal of the injunction suit does not ipso facto authorize you to recover the possession.