Legal Question in Civil Litigation in India

Re: about dharamshala property

you can object the sale by seeking injunction over its sale. and you can seek protection from eviction as tenant

For further and detailed advice please consult personally with documents. Consultation charges will apply.

Re: about dharamshala property

write in details about who is the owner of property.Also your status as tanent shall allways remain as tanent.Hence you can not challange the sale legaly. But a PIL may be filed in High Court challanging any illegality against public interest.

Re: about dharamshala property

good afternoon

you may write in details about the ownership of the property

Re: about dharamshala property

From the facts given it is seen the property is Trust property; If you are a beneficiary of the trust (which I feel doubtful) definitely you can approach the civil Court (Principle Civil Court in your district) seeking remedies under section 92 of the Code of Civil Procedure; once a trust always a trust; no one can change the nature of the trust; therefore you may be able to prevent the sale being taking place, approach your Advocate practising in the District Court.

Re: about dharamshala property

If you are a lawfull tenant then you have protection of law.Contact with details.

Re: about dharamshala property

First of all as tenants in the dharamshala your right as tenants cannot be taken ie you cannot be evicted without due process of law that is you will be notified in writing by the Dharamshala land owners about sale of the property, in case the documents of the lands of Dharamshala permit such a sale. The Documents of the property as well as the Lease Deed will have to be looked into by an Advocate to understand whether the property can be sold. From a reading it looks like The Dharamshala land sems to be a Trust property, the Trust Deed will have to be looked into to see whether a sale of the Dharamsala land is permitted or not. Secondly all the tenants will have to be given an opportunity to buy the property and if at all sale of the dharamshala land is permitted. Meantime I request you to contact a local Advocate and ask him to file a Declaration Suit and ask for interim injunction retraining the Owners of the Dharamsala from selling the Dharamsala land (2) for an interim injunction restraining the owners from evicting you as tenant of the Dharamshala land, pending disposal of the suit. You will get a stay from court against immediate eviction. All of you as tenants should file a suit. Temporarily you can stop the sale and trnsfer of the property pending enquiry into the correctness or otherwise of the sale by a court of law and thereby stop your eviction from the Dharamsala property.