• Permanent injunction on possession - though tenancy denied in plaint later admitted in cross exam

Plaintiff in possession of suit property denied being a tenant in his plaint. Asks for permanent injunction in suit stating he is in possession as member of co-op housing socy. Court grants temporary injunction. Suit is that he is in possession of suit property as member, prays for declaration and consequential injunction u/s 34 specific relief act.
During cross exam on showing evidence he admits to his tenancy. His suit fails - so is his claim stating he is a member in the co-op socy. Could not show cause of action as he could not prove his title and also land-lord did nothing adverse to disturb his possession. Suit dismissed.
Now, in appeal court can he get permanent injunction on his admission - arguing that he has admitted his tenancy and he is in possession?
Asked 2 years ago in Civil Law

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7 Answers

If he had filed the suit for declaration of title and the court after carefully considering all the facts involved in this case, has passed an order and judgment dismissing the suit for the reasons stated therein, he cannot try to obtain injunction or any other relief to which he is neither entitled nor has pleaded in the trial court.

The trial court has rejected his claim for title by dismissing his suit on the basis of the fact that he was just a tenant and neither he had pleaded to declare his title perfecting the law of adverse possession.

Just being a member of the housing society and living in that property for a long time shall not entitle him any rights or interests over the property, therefore any attempt  jhe may make before the appellate court may not fetch him a desired result. 

T Kalaiselvan
Advocate, Vellore
87717 Answers
2355 Consultations

Plaintiff has not come to court with clean hands and has suppressed material facts and has sought to mislead the court 

 

in appeal he should not get any reliefs as he has misled court 

Ajay Sethi
Advocate, Mumbai
97517 Answers
7882 Consultations

When a tenant sets up claim of ownership and fails to establish, he is not entitled to continue in possession as tenant. Relief of declaration of ownership and tenancy are exclusive of each other; non consequtional to each other. Such plaintiff is not entitled to any injunction in appeal

Ravi Shinde
Advocate, Hyderabad
4424 Answers
42 Consultations

- Since, he could not prove that he is a member of the co-operative society and further admitted that his possession in the suit property is like a tenant , hence he could not prove that he is having cause of action for filing the suit. 

- Further, as his suit is dismissed on the ground of lack of cause of action , then he will not get any relief from the appellate court as well. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
224 Consultations

No he cant take advantage of his own wrong. His appeal will be dismissed 

Prashant Nayak
Advocate, Mumbai
32875 Answers
209 Consultations

Dear client It is unlikely that the plaintiff will be able to get a permanent injunction in the appeal court based on his admission of being a tenant. The court has already dismissed his claim that he is a member of the co-op housing society and his inability to prove his title and the lack of any adverse actions by the landlord against his possession makes it difficult to establish a cause of action. The admission of being a tenant could potentially weaken the plaintiff's case further and make it even less likely that a permanent injunction would be granted

Anik Miu
Advocate, Bangalore
10389 Answers
121 Consultations

1. It is difficult to say whether he will get permanent injunction from appeal court or not.

 

2. It depends on many factors like the presentations of advocates of both the sides, faults found in the proceedings of the lower Court etc.

 

3. Ordinarily, the appeal Court is not likely to pass such order.

Krishna Kishore Ganguly
Advocate, Kolkata
27512 Answers
726 Consultations

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