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Tenant at Sufferance - Entitlement to Injunction
A tenant at sufferance is generally considered a trespasser and does not have the right to an injunction to protect possession. Courts emphasize that possession by a tenant at sufferance is not juridical and that such possession is unlawful, thus disqualifying them from seeking equitable relief like injunctions. Several sources highlight that unless possession is lawful or protected by due process, injunctions are not granted to tenants at sufferance.
References: Ishwar Singh VS Tara Chand - Punjab and Haryana, Veeriah Asari alias Veerachari VS The Salem Municipality, represented by its Commissioner, Salem - Madras, Gangadharan Pillai VS Nagendra Prabhu - Kerala, Mohammad Maqbool Sofi VS Abdul Gaffar Parray - Current Civil Cases, Mogilipuvvu Annapurnaiah VS Malampati Narasimha Rao - Andhra Pradesh -
Legal Status of Possession and Due Process
Courts stress that eviction must follow due process of law, and possession obtained unlawfully, such as by a tenant at sufferance after lease termination, does not warrant protection through injunctions. The courts have consistently held that possession without legal right, especially in the case of a tenant at sufferance, cannot be protected by injunctions.
References: Ishwar Singh VS Tara Chand - Punjab and Haryana, Mohammad Maqbool Sofi VS Abdul Gaffar Parray - Current Civil Cases, G. Ramaiah VS Ahmed Badruddin - Andhra Pradesh, Mogilipuvvu Annapurnaiah VS Malampati Narasimha Rao - Andhra Pradesh -
Exceptions and Juridical Possession
In some cases, if possession is juridical and lawful, a tenant at sufferance may be entitled to an injunction until legally dispossessed. However, if possession is unlawful or deemed trespassory, courts deny injunctions.
References: Sri Balaji Trading Company VS Veeraswamy Srinivasan - Andhra Pradesh, A. Dharmaraj VS V. Parthasarathy - Madras, Managing Director K. Rama Mohan Rao Hotel Annapoorna Karnataka VS Tirumala Tirupathi Devasthanams Tirupathi - Andhra Pradesh, G. Ramaiah VS Ahmed Badruddin - Andhra Pradesh -
Summary and Conclusion
Overall, the consensus across the sources is that a tenant at sufferance, being a trespasser or unlawfully in possession after lease termination, is not entitled to an injunction to protect possession. Injunctions are reserved for lawful possessors or those with juridical possession, and due process must be followed in eviction proceedings. Possession obtained unlawfully or without legal right disqualifies a tenant at sufferance from equitable relief.
References: Synthesis of all provided sources.
Search Results for "Tenant at Sufferance Not Entitled to Injunction"
2004 0 Supreme(P&H) 632 • India - Punjab and Haryana
HEMANT GUPTA
of law in evicting a tenant at sufferance. ... Ratio Decidendi: The court emphasized the concept of tenant at sufferance, settled possession, and the need for due process ... The court highlighted the need for due process of law in evicting a tenant at sufferance and the protection of possession until dispossessed ... The tenant at sufferance is a trespasser and therefore, a trespasser is not entitled to #HL_START....
1979 0 Supreme(AP) 270 • India - Andhra Pradesh
MADHUSUDHAN RAO
Whether a tenant at sufferance is entitled to an injunction to protect his possession. 2. ... INJUNCTION - TENANT AT SUFFERANCE - POSSESSION - RIGHT TO INJUNCTION - A tenant at sufferance, whose possession is juridical, ... A tenant at sufferance, whose possession is juridical, is entitled to an injunction to protect his possession until he is ....
2011 0 Supreme(Mad) 4675 • India - Madras
S.MANIKUMAR
, whether the tenant was liable to be evicted, and whether the tenant was entitled to injunction restraining the landlord from interfering ... The court also held that the tenant was only a tenant by sufferance and not a statutory tenant under the Act. ... Finding of the Court: The court found that the tenant was not entitled to the protection under the Tamil Nadu City ... #HL_....
• India - Current Civil Cases
SANJEEV KUMAR
otherwise than in due course of law – It cannot be said that a tenant who continues to occupy lease premises even after determination ... owner of property but it is only when person seeking relief is in lawful possession and is enjoyment of property and also legally entitled ... in settled or established possession of suit property may also claim an injunction against a true owner that he be not evicted, ... The Appellate Court after hearing both the sides and having gone through the pleadings of the parties and materia....
1991 0 Supreme(Mad) 811 • India - Madras
SRINIVASAN
A tenant by sufferance is a person who continues in possession without the consent or acquiescence of the lessor. ... Such a tenant's possession is not juridical possession and he is not entitled to a decree for injunction restraining the owner of ... The plaintiff's possession was not juridical possession and he was not entitled to a decree for injunction restraining the Municipality ... But his possession is #HL_....
1952 0 Supreme(Ker) 85 • India - Kerala
VITHAYATHIL
Fact of the Case: The plaintiffs filed a suit for a permanent injunction restraining the defendants from entering upon ... In that case it was held that the possession of the lessee after the termination of the tenancy by the efflux of time against the consent of the landlord is not even that of a tenant at sufferance but is that of a trespasser. ... It was, therefore, argued that the plaintiffs would not in any case be entitled to an injunction restraining the righ....
2004 0 Supreme(AP) 33 • India - Andhra Pradesh
L.NARASIMHA REDDY
by the 1st respondent and the one passed by the 2nd respondent are set aside – Consequently it is held that the petitioners are entitled ... legal being not in conformity and that the possession of petitioners over the lands in question was not legal – Held, the repeal ... petitioners is prohibited by the Land transfer Regulations Act –This Court, therefore, finds that the order of the 1st respondent is not ... Narasimha Rao, AIR 1982 AP 252, held that the possession by a tenant by sufferance#....
1992 0 Supreme(AP) 26 • India - Andhra Pradesh
I.P.RAO
INDICATIVE OF LEASE - NO INJUNCTION CAN BE GRANTED TO RESTRAIN INTERFERENCE WITH POSSESSION AFTER EXPIRY OF LICENCE. ... A-l at present and, therefore, no injunction can be granted in his favour. Issues: Whether the transaction covered by Ex. ... petitioner filed a suit for a declaration that the period of lease is three years commencing from 19-8-1987 and for consequential injunction ... Narasimha Rao argued that if the tenant continues to be in possession after the termination of lease,j^e is a tenant....
1988 0 Supreme(AP) 396 • India - Andhra Pradesh
V.BHASKARA RAO
The plaintiff was entitled to an injunction to protect his possession until he was evicted by due process of law. ... INJUNCTION - POSSESSION - A.P. ... Ratio Decidendi: A person in possession, though his possession is unlawful, is entitled to protect his possession until he ... Therefore, the tenant was deemed to be a trespasser. So, he is not entitled for injunction. The appeal was allowed and the suit for injunction was dismisse....
1981 0 Supreme(AP) 330 • India - Andhra Pradesh
A.RAGHUVIR, B.P.JEEVAN REDDY
He is entitled to injunction against the lawful owner till he is evicted in the course of law. ... Specific Relief Act, sec. 6 - Possession of a tenant by sufferance. ... The possession of a tenant by sufferance is a "Peridical possession ". ... The courts cannot take cognizance of the possession of a tenant by sufferance. In one of the recent cases in Sri Balaji Trading Company v. Veeraswamy Srinivasan, (1980) 1 Andh WR 28, this court held that a #H....
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