My property was given on rent to a tenant 50 years back. Now tenant and his cousin are having legal suit where tenant's cousin is also claiming tenancy. Cousin has obtained temporary injunction. Now my tenant is not able to give possession to me as he is not allowed to create third party right. What should I do to obtain back my property as my tenant is willing to hand over the possession to me. Cousin has written in his statement that no owner exists.
I wish to get temporary injunction removed so that my tenant is able to hand me possession of my property for my bonafide personal use.
1. Wellsurrender of tenancy is neevr a creation of thrid aprty intesrs .
2.The dispute between the original tenant and his cousin must be regarding the tenancy rights and nether of them can deny the title of landlord as the same is agaisnt the principle of estoppel
3.So ask your tenant to surrender the tancy to you which wouldn't be violative of any court or der for sure.
Hi, take the posession over the property first from the tenant .. Take physical posession over it , proceedings will be taken care of later
1) file an intervenor application in suit that you are yet owner of property and had given on rent to tenant
2) that cousin has suppressed material facts form court
3) person who hasn't not come to court with clean hands is not entitled to any relief
4) seek orders to vacate the injunction
5) then take possession from tenant wherein he surrenders his tenancy
Engage a local lawyer in Delhi
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Then file intervenor application for being added as party to the suit
Court would set aside order granting injunction as plaintiff tiff has made false statement on oath that no owner exists for the property
If the person with whom your tenancy was there is now ready to give you a petition then on this ground you can move an application for vacation of temporary injunction and if the court refuses to recall you can file an appeal on the ground that the original tenant is ready to give the possession.
Regards
File an intervenor application in the pending suit between your tenant and his cousin. Move an application for vacation of temporary injunction and plead before the court that you are a necessary party in the lis and no decision could be taken without hearing you.
Also, send your tenant and his cousin a legal notice for eviction. You could do this only if the temporary injunction obtained by cousin is in personam just against the tenant.
If you are the owner, then you may issue a legal notice to the original tenant.
If the cousin of the tenant is creating problem, ascertain that on what grounds and basis he is creating this legal dispute.
If your tenant was the original tenant then you can take possession when he is ready to handover delivery of vacant possession.
If the third party is creating any problem, you can file an injunction suit agaisnt him for restraining him from interfering into your possession and enjoyment of this property.
I wish to get temporary injunction removed and get possession of my property from my tenant for my bonafide personal use.
If the injunction is not agaisnt you then you need not worry about it, you can take possession from your tenant.
If you are a party to suit then you defend your interests in the property properly on merits in your side.
If my tenant gives me possession, will this not be contempt of court orders against my tenant.
Since cousin has obtained temporary injunction it would be contempt of court if you are granted possession by the tenant
Is there any injunction against the tenant to not to handover the possession of the rented premises to the landowner?
If ther is no such restrictions, then there can be no contempt of court action maintainable.
Sir, he do not have to accept it before court .. Court will not come and see the premises ..