Legal Question in Civil Rights Law in India

Hello Sir,
We have got a 1 Bed room suit which we had let for rent. We ourselves are in a rental house now as our suit is far off from our place of work. Now we want to shift to a own house as we have got some problems of retirement and less wage to pay rent, etc. We wanted to get a house in place we stay now and we needed money which we had planned to get from selling the 1 bedroom house we have. Our tenant said he would get our home for himself and would pay us the market amount. So we believed him and waited. But he kept procrastinating in giving us the amount and so we lost few houses without buying, after finishing final talks. We had told our tenant that he might have to move from our suit within a given amount of time if he is not able to own our suit. He accepted for it. But later when he came to give advance money for our home, he asked us to reduce the selling amount. We said we could reduce a little but not much because it was already late that he announces this and he should have spoken about it earlier. Then at last minute he said he cannot buy the house and said he would vacate. So now we have no choice than to go to our own house. But he is not vacating as we have agreed upon earlier. Instead he said had filed a temporary injunction against us(Order 39 Rule 1 & 2 of CPC). I believe we have not threatened him in any way. But we met him and called him few times to ask the status of his vacating our home. And we didnt get any order directly from court still, the order was filed 7 days back.
Can you please tell us how can we restrain this? Will he be able to extend this for more days and stay in the suit for a long time, which we cannot afford to let happen as we have our own problems and we are in a condition to shift the house immediatly? Can you please tell us if we can file any petition against this?

Asked on 8/19/09, 1:05 am

3 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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in the suit filed by him, the court can only order that you should not dispossess him without following due process of law and you can file a suit for possession of tenanted premises under the rent control act of your state. in case the sale transaction was in writing, you need to file a civil suit for rendering the transaction invalid and for cancellation of bayana.

Answered on 8/19/09, 1:37 am

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KAMAL GROVER

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Mr.Rajiv is quite right. You have to defend the suit but also have to file a suit for ejectment on the basis of self requirement. but if you have any writing against purchase of house then either you can file a case to get the amount mention in the agreeement to sell or can cancel the amount already paid. but all these will take a long time of around two to three years or more.

Your further clarification is welcome at nominal fee at;

[email protected]

Advocate

M:09814110005

PB. & HRY. HIGH COURT CHANDIGARH (INDIA)

With Regards

Answered on 8/19/09, 12:52 pm

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