• Suit of permanent injunction by landlord

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
Asked 7 months ago in Civil Law from New Delhi, Delhi
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 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
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.

Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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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. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18171 Answers
449 Consultations
5.0 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
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. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18171 Answers
449 Consultations
5.0 on 5.0

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