We have a on going dispute with our relatives who are claiming co tenancy of our premises. In the latest hearing, the following was passed by the judge - 3. I have carefully, considered the submissions made by the Ld. Counsel for the parties, and perused the material available on record and I find there, on the Horizon appearing, in favour of the plaintiffs and even the factors of irreparable loss and balance of convenience also lie in favour of the plaintiffs and refusal of the application for grant of the injunction, would lead to multiplicity of legal proceedings, unnecessarily, and as such I hereby allow the application and defendants are hereby, restrained from creating third party interest qua the suit property or otherwise alienate the Same" Landlord is not a party in the case at this moment. Now my question is, what is meant by creating third party interest or otherwise alienate the property ? Can we handover possession to landlord if he asks for it ?
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
1) stay order has been passed restraining defendants from selling the property or mortgaging the property or creating third party rights on the property
2) in other words defendants cannot sell or gift or mortgage the property
3) plaintiffs can hand over possession to the landlord
We are the defendants in this case. Can we handover possession to the landlord if he demands it ?
You cannot surrender your interest in property pending hearing and final disposal of suit
It means that of you are the owner ofthe proeprty then during the pendency of the case filed by the other party you can transfer the suit proeprty by way of sale. lease or mortgage etc.
In other words the proeprty is to be maintained in the present form till the instant suit is finally adjudicated or the order of injunction is vacated in the meantime.
The landlord will have to file rhe impleadment application in this case, you can not leave the property until the suit is decided and you can not give it further on rent.
Landlord may now chip in with an impleadment application and get the order vacated as he is the necessary party to the suit.
Regards
Sir,
The order says, To restrain defendant from transfer, alienate or parting with possession of the suit property in any manner or creating third party rights therein.
Why do not you share entire details of the order to [deleted] .
1. A third party interest is to create a right in favour of a third party. It covers mortgage, lease, license, sale and gift.
2. You cannot handover the possession to the landlords now.
3. You are free though to challenge the order of temporary injunction in the higher court through an appeal.
This is an order passed by the court favoring the plaintiffs with an injunction order in their favor restricting the defendants from alienating or creating a third party interest.
This means hat the defendants are restricted from making any transaction in respect of this property.
If this is a dispute between tenants and landlord is not involved in it then this will not bind on the landlord.
However landlord cannot interfere in this dispute if he is not a party to the suit.If the injunction is in your favor then you can decide about handing over possession or retaining it with you.
We are the defendants in this case.
Can we handover possession to the landlord if he demands it ?
If you are the defendants, the injunction order is against you only hence you cannot handover the possession to landlord if it is against the plaintiff.