AI Overview...
- Suit for Mandatory Injunction - Maintainability in Haryana
- Courts have entertained suits filed by tenants or lessees seeking possession or specific performance through mandatory injunctions, especially in cases involving lease disputes, sub-tenancy, or eviction. For example, in Sant Lal Jain VS Avtar Singh - Supreme Court, a lessee sought possession of land leased for automobile services, with courts recognizing such suits as maintainable despite framing them as mandatory injunctions.
- The courts have also dismissed suits for mandatory injunction on technical or procedural grounds, emphasizing the importance of proper pleadings and filing in the correct form. For instance, in CHHOTA SINGH vs BIKKAR SINGH - Punjab and Haryana, the suit was dismissed for not being maintainable in its present form.
- In cases involving eviction or tenancy disputes, courts have sometimes held suits for mandatory injunctions maintainable if they seek specific relief such as possession or eviction, provided procedural requirements are met. For example, in Dharmil A. Bodani for self as one of the Executors under the Will of Late Mrs. Chandrika A. Bodani vs MANJU MEADOWS PVT.LTD.and ORS. - Bombay and Dharmil A. Bodani for self as one of the Executors under the Will of Late Mrs. Chandrika A. Bodani vs MANJU MEADOWS PVT.LTD.and ORS. - Bombay, suits seeking eviction and injunctions were partly decreed, indicating maintainability depending on the facts.
- The Supreme Court and High Courts in Haryana have upheld the maintainability of such suits when they involve rights related to tenancy, possession, or sub-tenancy, and when procedural and substantive legal criteria are satisfied.
- Relevant Legal Context
- The legal framework includes provisions under the Civil Procedure Code (CPC), Rent Acts, and specific statutes like the Securitisation and Reconstruction of Financial Assets Act, which influence the maintainability of suits for injunctions or possession.
- Courts emphasize that suits for mandatory injunction are maintainable when they are aimed at preventing unlawful dispossession, enforcing contractual rights, or securing possession, provided procedural norms are followed.
- Conclusion
- In Haryana, suits filed by tenants or lessees seeking mandatory injunctions for possession, eviction, or sub-tenancy issues are generally maintainable if properly pleaded and filed in accordance with legal procedures. Courts have recognized the substantive rights of tenants and lessees, allowing such suits to proceed where the legal criteria are met Sant Lal Jain VS Avtar Singh - Supreme Court, Dharmil A. Bodani for self as one of the Executors under the Will of Late Mrs. Chandrika A. Bodani vs MANJU MEADOWS PVT.LTD.and ORS. - Bombay, Dharmil A. Bodani for self as one of the Executors under the Will of Late Mrs. Chandrika A. Bodani vs MANJU MEADOWS PVT.LTD.and ORS. - Bombay.
References: - Sant Lal Jain VS Avtar Singh - Supreme Court - N. C. M. L. Industries Ltd. through Director VS Debts Recovery Tribunal, Lucknow - Dishonour Of Cheque - SWAMI VASUDEVANAND SARASWATI DISCIPLE OF SWAMI SHANTANAND SARASWATI VS JAGAT GURU SHANKARCHARYA, JYOTISHPEETH PEETHADESHWAR SRI SWAMI SWAROOPANAND SARASWATI - Allahabad - Justice I. S. Israni (Retd. ) VS Union of India - Rajasthan - Dharmil A. Bodani for self as one of the Executors under the Will of Late Mrs. Chandrika A. Bodani vs MANJU MEADOWS PVT.LTD.and ORS. - Bombay - Dharmil A. Bodani for self as one of the Executors under the Will of Late Mrs. Chandrika A. Bodani vs MANJU MEADOWS PVT.LTD.and ORS. - Bombay - CHHOTA SINGH vs BIKKAR SINGH - Punjab and Haryana - Dharmil A. Bodani of Mumbai VS Manju Meadows Pvt. Ltd. - Bombay
Search Results for "Suit for Mandatory Injection Filed by Tenant against Owner is Maintainable in Haryana"
1985 0 Supreme(SC) 88 • India - Supreme Court
A.V.VARADARAJAN, S.MURTAZA FAZAL ALI
for mandatory injunction. ... Suit by lessee for possession though he has couched the plaint in the form of mandatory injunction - lessee took on lease for ten ... years of a plot of land from the owner for his automobile service — A shed on the land given on licence by the lessee for one year ... Jain Motors were the lessees and that the respondent became a sub-tenant of a piece of land and constructed the suit shed thereon and that the suit for mandatory#H....
• India - Dishonour Of Cheque
DILIP B.BHOSALE, DEVENDRA KUMAR ARORA, VIVEK CHAUDHARY
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 at instance of a borrower, is maintainable ... thereof read with Rule 8 of Security Interest (Enforcement) Rules, 2002— Securitisation application under Section 17(1) of Act is maintainable ... /physical possession of secured assets—Once right to approach DRT matures and Securitisation application under Section 17(1) is filed ... Ramjee, and (1977) 2 SCC 256 : 1977 SCC (L&S) 226, SCC at p. 262 and Haryana Financial Corpn.....
2017 0 Supreme(All) 1195 • India - Allahabad
SUDHIR AGARWAL, K.J.THAKER
In 1990 a suit for eviction was instituted against Company and sub-tenant under Bombay Rent Act, 1947. On 4.3.1997 the sub-tenant, i.e., Tukaram Shridhar Bhat filed application seeking impleadment contending that he is a sub-tenant. He was also in fact Managing Director of Company. ... Supreme Court upheld dismissal of suit being not maintainable under Section 92 CPC. ... To have complete knowledge, knowledge of Sanskrit is mandatory. ... ... The com....
2012 0 Supreme(Raj) 2267 • India - Rajasthan
ARUN MISHRA, NARENDRA KUMAR JAIN I
constitution - Environment – For the installation of the mobile towers, the permission of the local bodies was a prerequisite and it was mandatory ... It was also submitted by learned counsel Shri Ravi Chirania appearing on behalf of the respondents that the petitioner in petition no. 8697/12 has earlier filed suit and after withdrawing the suit, the writ petition has been filed and thus, the same is not maintainable. ... Apart from this, it was submitted by Shri Ravi Chirania, learne....
2024 Supreme(Online)(Bom) 5755 • India - Bombay High Court
SANDEEP V. MARNE, J
... ... Result: Suit partly decreed. ... Ashwin Ahya as not maintainable. ... Rekha Ghosh, this court was considering a case where one month’s notice was to be given to the tenant for eviction. ... Plaintiffs have also sought consequential permanent and mandatory injunctions against Defendants Nos. 2 to 15. 3. The suit was originally filed by Mr. Anil K. ... If the appellants were able to prove that the deed of sale was duly executed and it was neither a sham transaction nor represent....
2024 Supreme(Online)(Bom) 237 • India - High Court of Bombay
SANDEEP V. MARNE, J
... ... Result:The suit is partly decreed in favor of the plaintiffs. ... ... ... Facts of the case: ... A suit involving a dispute over share ownership and control of a private limited company. ... Ashwin Ahya as not maintainable. ... Plaintiffs have also sought consequential permanent and mandatory injunctions against Defendants Nos. 2 to 15. 3. The suit was originally filed by Mr. Anil K. Bodani and Mrs. Chandrika A. Bodani. ... Rekha Ghosh, this court was considering a case whe....
2018 7 Supreme 129 • India - Supreme Court
DIPAK MISRA, A. M. KHANWILKAR, ASHOK BHUSHAN, A. K. SIKRI, D. Y. CHANDRACHUD
2016 – Information collected in accordance with section 2(k) and regulation 4, Aadhaar (Enrolment and Update) Regulations, 2016 – Mandatory ... 2016 – Ensuring that resources reach the hands of those for whom they are meant – A legitimate State interest – Making Aadhaar mandatory ... 1961 – Section 139AA – Validity – Section 139AA making seeding of the Aadhaar number with the PAN card mandatory ... State of Haryana [Rajbala v. State of Haryana, (2016) 2 SCC 445], SCC at paras 53 to 65 and in Binoy Viswa....
• India - High Court of Punjab and Haryana
mandatory injuction was dismissed. ... on technical grounds holding that the suit for mandatory injunction was not maintainable because plaintiff was to file a suit forsuit was not maintainable in present form. ... Whether the suit is maintainable in the It was also the case of the plaintiff that a suit for mandatory p style="position:absolute;white-space:pre....
• India - Delhi High Court
It was contended that the present suit was not maintainable for this reason also; ix. ... ” as owner and plaintiffs as occupancy tenants; xxii. ... Attention was invited to the pleadings in the earlier suit wherein the predecessors of the plaintiffs had claimed to be tenant of the land and had not made any challenge to the entries in the revenue record of Arakhpur Bagh Mochi contended that the suit filed in May, 2000 is barred by time....
2024 0 Supreme(Bom) 520 • India - Bombay
SANDEEP V. MARNE
Ashwin Ahya as not maintainable. ... Plaintiffs have also sought consequential permanent and mandatory injunctions against Defendants Nos. 2 to 15. 3. The suit was originally filed by Mr. Anil K. Bodani and Mrs. Chandrika A. Bodani. ... Rekha Ghosh, this court was considering a case where one month's notice was to be given to the tenant for eviction. ... If the appellants were able to prove that the deed of sale was duly executed and it was neither a sham transaction nor represented a transaction of dif....
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