...to be tenant which could not be adjudicated because civil suit was pending and injunction was operating in her favour. After filing the objection she also filed a suit for declaration and injunction...by State Government against a dead person namely the tenant. Injunction was sought because opposite party being sub-lessee because fullfiedged tenant after death of her lessor and in case she having...paid rent which was accepted by petitioners she became a tenant, in her own right. In this suit an ex parte injunction was issued in favour of opposite party. During pendency of suit Gajanand one of...

...the present appeals are that the appellant was a tenant in the suit premises since before its purchase by the respondent landlords. In May 1990, by mutual consent of the parties rent of the suit...premises was enhanced to Rs 500 per month. Admittedly, rent up to October 1990 was received by the landlords, thereafter as per the case of the respondents, the tenant defaulted in payment of rent. The...appellant filed suit for injunction in the civil court praying that the landlords be restrained from threatening to dispossess the appellant from suit premises. In the said suit, an interim injunction was...

...the ground that there is no issue with regard to the tenancy. It is very clearly mentioned that the petitioner is not in possession and enjoyment of the property as a tenant and denied the injunction...Godavari at Eluru (hereinafter described as “the Tribunal”) declaring the appellant as a statutory tenant under the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 (for short “the Act....3. The appellant filed a petition under Section 16 of the Act for grant of declaration that he is a statutory tenant of the schedule land and the respondents are not entitled to interfere with his...

...filed the suit on February 15, 1973 for a mandatory injunction directing him to vacate the premises. The respondent opposed the suit contending that the appellant sublet to him a plot of land in 1966-67...and he has raised a new construction thereon and is carrying on workshop business therein since then. He further contended that the relationship between the parties was that of landlord and tenant...and that the suit for mandatory injunction was not maintainable.3. The trial court found that M/s Jain Motors were the lessees and that the respondent became a subtenant of a...

...the Civil Judge, Junior Division, Howrah for a declaration of his status as a tenant of the suit property and for a perpetual injunction restraining the appellants herein, hereinafter referred to as the...for a perpetual injunction restraining the defendants from interfering with his possession as a tenant. As already noticed, though the plaintiff filed an application under Order 39 Rules 1 and 2 of the...Order 39 Rules 1 and 2 of the Code of Civil Procedure (hereinafter referred to as “the Code”), for an interim injunction pending the suit, restraining the defendants from interfering with his...

...permanent injunction claiming that he is a tenant of the shop in question. In that suit, he filed an application for temporary injunction. Copy of the order dated 22-12-2004 passed on that application...

...Civil Judge, Senior Division, Davangere against the appellant for permanent injunction. According to him, the suit filed by the appellant against the so-called tenant on the basis of the rent note is a...injunction is pending in the Court of Civil Judge, Senior Division, Davangere and the rent suit filed by the appellant against his alleged tenant on the basis of rent note dated 4-11-1997 is pending in the...landlord and tenant, there was no occasion for the respondents to be joined as party-respondents. Learned counsel for the respondents stated that the respondents have already filed a suit in the Court of...

...decision of the Commissioner by pointing out the fact that in the suit instituted by the tenant for injunction against his vendor in Civil Suit No. 46 of 1981 and subsequent suit instituted against...purchase and would not pay the lease, a rightful action for eviction would lie. Mere reference to a transfer in action for injunction sought by a tenant would not do, if the tenant had paid the rent...the ground that the tenant had not paid the rent for crops Kharif 1981 and Rabi 1982. The tenant contended that he had not known about his purchase and after the petition was filed, the lease had been...

...rejecting the application for temporary injunction moved by the plaintiff.(4) Admittedly, plaintiff (present appellant) claims himself to be tenant in the house in question. It is also...trial court has rightly found no prima facie case in favour of tenant for temporary injunction against the true owner, who has sought remedy of eviction under due process of law. As far as, restraining...rejected the application 6C for temporary injunction moved by the plaintiff (appellant).(3) Learned counsel for the appellant submitted that the learned trial court has erred in law in...

...rental arrears.4. In a suit for permanent injunction filed by the appellant, when the question of title and relationship of landlord and tenant is not in issue, the respondent...Order1. Leave granted. The appellant, claiming to be the owner in possession, filed a suit against the respondents for permanent injunction alleging that she and her...said order is challenged in this appeal by special leave.3. The appellant contends that she is in possession in her own right. She filed a mere suit for injunction. The respondents...

...petitioner. The grievance of the present petitioner is that, in a suit for declaration and permanent injunction in respect of a tenanted property by the opposite party-tenant, an injunction application filed...), Third Court at Sealdah, District- North 24-Parganas, to dispose of the injunction application filed by the opposite party, as well as the application under Order XXXIX Rule 4...

...pro forma Respondent 3 for a declaration that the company was the tenant of the premises, and for a permanent injunction restraining Respondents 1 and 2 from interfering with its tenancy rights. There...declaration and mandatory injunction?”6. Appellant was accepted as tenant by Respondents 1 and 2 even though the indenture of lease dated September 11, 1948 (referred to as “the...specific allegation that the appellant is a tenant and it be so declared, and for an injunction restraining Respondents 1 and 2 landlords from interfering or disturbing the appellant's possession of the...

...1. This application is at the instance of the tenant for an injunction in respect of the premises from which he has been evicted in due course of law by an ex parte decree passed against...tenant. No injunction was granted by the first court. On appeal no injunction was granted.2. On 1-7-1982, the petitioner tenant moved an application challenging an order passed under O. 39...-holder in getting the decree ex parte against the petitioner. An application was made for an injunction restraining the opposite party landlady from executing the decree as against the plaintiff...

...be that he is in possession of the premises as a tenant. The trial court had granted an interim injunction in his favour on May 15, 1981 and has confirmed it on May 19, 1981.3. This...1. Special leave granted.2. Datta Ram, the tenant, was to hand over possession of a portion of the premises to the landlord, under the Orders passed by this Court. One...appeal is directed against the aforesaid order of injunction. The landlord has also filed a petition under the Contempt of Courts Act praying that appropriate action be taken against the original...

...came to know that the tenant had been trying to give possession of the house to the respondent. He immediately filed a suit and obtained an injunction and recovered possession of the house from the...stipulated for execution of sale deed. The plaint schedule house was in occupation of a tenant. According to the respondent, the appellant again executed another agreement on 10-12-1977 wherein some more.... Admittedly, the plaint schedule house was in occupation of a tenant. The appellant had agreed to evict the tenant. During the course of litigation between the appellant and the respondent, the appellant...

...in the aforementioned appeal. Paragraph 4 reads as follows: As a result of the above conclusion, the suit filed by the appellant/tenant for permanent injunction against the landlord is called on...board in exercise of powers under Section 24 of the Code of Civil Procedure and is dismissed forthwith. The pending applications filed by the appellant/tenant before the...decrees stand upheld. The pending applications filed by the appellant/tenant before the Executing Court in the present proceedings shall stand dismissed as of today. Office to prepare decree-sheet...

...advocate appearing for a tenant submits that, there are two orders of injunction passed by the Civil Court in two Civil Suits.5. On query, learned advocate appearing for the tenant submits...that, the orders of injunction are against the landlord. The petitioner is not party in such suits.6. In such circumstances, the District Magistrate having taken steps under Section 14...

...advocate appearing for a tenant submits that, there are two orders of injunction passed by the Civil Court in two Civil Suits.5. On query, learned advocate appearing for the tenant submits...that, the orders of injunction are against the landlord. The petitioner is not party in such suits.6. In such circumstances, the District Magistrate having taken steps under Section 14...

...tenant') suit for injunction filed against one Abdul Rahman treating him to be the landlord of the premises in occupation/ possession of the tenant. The Tribunal has taken a view that for effective and...