Can a tenant apply for permanent injunction under rule 39 section 1 & 2 after the decree of possession has been passed in favor of the landlord.Landlord is following the way of law for eviction and have a certified copy of decree and has also filled for execution. After 8 months of suit of eviction running tenant has filled for a new suit for permanent injunction under rule 39 section 1 & 2 after decree of possession passed by the same court and same judge who has passed the decree in favor of landlord. What are the chances that injunction will be granted.
Asked 3 years ago in Property Law from Delhi, Delhi
1) what re the grounds on which injunction has been claimed by tenant./?
2) once decree for possession has been passed by court it is extremely doubtful that any permanent injunction would be granted by court at behest of tenant
3) it appears to be dilatory tactics adopted by tenant to show how circumvent decree of possession passed by court .
4) you should in your reply draw attention of court to fact that decree for possession has been already passed by trial court and these are dilatory tactics adopted to prolong litigation
No, the tenant can not seek permanent injunction , more so, when eviction decree is passed.
He can prefer appeal challenging the decree and seek stay order in the execution proceeding.
Moreover he can appear in the execution proceeding and stall the proceeding by filing petition u/o 21 r- 97 CPC.
A. On what grounds the landowners obtained decree for possession?
B. Once the decree passed by the Court that the Tenant cannot seek for Permanent Injunction. However, he can question the same by way of appeal to the higher court.
C. Don't worry, the tenant has no any chances to obtain a Permanent Injunction.
Once an eviction suit was decreed in favor of the landlord, any suit against it filed by the tenant will be infructuous and liable to be rejected. He has relief only in appeal and not in filing an injunction suit. You may proceed with the execution of decree without bothering about his follow up actions. If that comes up for hearing with summons served on you, you may file a a petition under Order 7 Rule 11 to reject the plaint.
1. The answer is no. When possession has been granted to the landlord there is no question of injunction of any nature being granted in favour of the tenant as tenancy comes to an end.
2. You have to contest the case to rebut his claim of injunction.