Landlord filed a suit for permanent injunction restraining tenants to a) encroach upon chabutra in front of shop b) to tresspass on vacant roof of tenanted shop c) to extend chajja on chabutra or making any permanent additions or alterations d) to restrain them to sublet tenanted premises temporary injuction granted in favour of landlord under Rule 39 for abovesaid relief meanwhile original tenant died and six LR's sons and daughters of defendant brought on record these six LR entered into Family Settlement Deed (without consent of Landlord) and in that deed they narrated that one of LR MR X is responsible for all consequences related to tenanted premises. LR Mr. X in court gave an undertaking that he will not commit any act which were matter of case . and hence all reliefs were granted to landlord. hence the petition was decreed. landlord filed an appeal with Sessions court on ground that such family settlement deed is not binding on landlord as he was not party to the same.(as same was ordered by hon'ble judge in other case that such Family Settlement Deed is not binding on Landlord). Meanwhile LR Mr. X obtained an order of fixing signboard over the shop from another court and in that pretext extended chajja and encroached on chabutra after giving undertaking but during pendency of Appeal. Now the appellate court decides following: a) statement of One LR is binding on other LRs in view of joint tenancy inherited. b) it is not right to decide on Family Settlement deed validity in suit mere for Permanent injunction c) that if Mr. X breaches his undertaking an execution proceeding may be filed in court and any other LR will not contest same as they are bound by family settlement deed. It is important to mention here that another LR MR Y Brother of Mr. X filed a seprate reply in suit of 14 (1)(e) during pendency of abovesaid appeal. Questions Whether landlord should file an appeal for aforesaid order of appellate court as we are apprehension that they would definitely trespass the roof of property as they have that ill intentions from very long time. Can any instructions may be issued to Police to enforce undertaking given by LR of Tenant whether any application required to be filed in case of 14 (1) (e) where Brother of Mr X Mr. Y contesting separately
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1) landlord should not file appeal against order of appellate court
2) in case of breach of undertaking by Mr X you can take execution proceedings as per court orders
3) you can file police complaint against Mr x if he encroaches on on chabutra and extends chajja
4) deed of family settlement is binding upon Y
Hi
1.The landlord doesn't have to file appeal.
2.There can be a complaint filed before police if there is a tresspass.intimating the police in advance will not stop the trespasser.
3.There is no application required to be filed in case of 14 (1) (e) where Brother of Mr X Mr. Y contesting separately.
4.take steps to for execution proceedings as per the court order if there is a violation and an attempt to encroach/tresspass the property.
Whether landlord should file an appeal for aforesaid order of appellate court as we are apprehension that they would definitely trespass the roof of property as they have that ill intentions from very long time.
The landlord can prefer an appeal agaisnt the said judgment and also if the LR tenant is encroaching the property, he can be sued for contempt of court.
Can any instructions may be issued to Police to enforce undertaking given by LR of Tenant
No, the police have no rights to interfere in civil matters.
whether any application required to be filed in case of 14 (1) (e) where Brother of Mr X Mr. Y contesting separately
This situation is a favorable to the landlord because the X's self styled leadership is under cloud owing to one of the LRs has filed a separate suit. The landlord should cash on the situation.
Without perusal of the plaint, reply and court order it is not possible to form an opinion with a measure of exactitude. Be that as it may, the statement of one LR has been held to bind all other LRs. If any one of them now commit trespass then execution proceedings can be taken out against him. My opinion has been rendered without a perusal of the case related documents, so it is subject to change.
Dear Sir/Madam AS it was said that tenant even after giving undertaking in lower court made chajja and encroached upon chabutra by taking an order of afixing signboard and in pretext of that covered around 4 feet of chabutra. This was done during pendency of appeal. It is highly doubtful that tenant will act in a bonafide manner. What is course of action do you suggest for the same? that there is another tenant in adjoining shop of MR X who have already joined their hands to make another chajja in front of second shop. and further to affix a staircase on chabutra with support of angle iron to tresspass on roof of landlords property which is vacant. these tenants have profile connections and able to manage police. It is hand folded request to suggest some course of action to save our property from them.
1) complain to muncipal corporation against encroachment done by tenants
2) corporation would demolish illegal construction made
3) enclose copy of undertaking given by tenant
4) you can also take execution proceedings as tenant has breached undertaking given in court
An injunction suit and contempt of court case shall be filed at appropriate time to bring the menace under control or to eradicate the menace by the tenant and his accomplices.
Contempt proceedings should be taken out against tenant if he has violated his undertaking before the court. My suggestion to you is to consult a lawyer with the complete set of case related documents.