627+ Lawyers are online 
What happens to the rent I receive from a property after injunction?
10-Jul-2023 (In Civil Law)
I'm a Hindu. We have rented our place and building to a private bank and been receiving rent for 9 years. When we rented it, the place was in a case in district court (the plaintiff claims the property is joint family property, but in real it is not. It belongs only to me). There was no injunction granted, so we rented it. We won the case and the decree was passed that the property belongs to us. Now the case is in high court, and there's a stay on decree. Now if we get injunction, will I still receive the rent?
It depends on the prayer of the other party and the order of the court that whether the injunction has been granted for the sale/purchase or it is granted for the tenancy of the property too. If the stay is on the tenancy, then the order needs to be specific that you will keep receiving the rent or it is stopped.
Helpful?
10+
10+
Adv. Siddhant Sharma
Delhi | 500+ Answers
Chat
How can I get injunction order on property in India?
Injunctions are granted by the court when certain conditions are met: the applicant (party who filed the application for an injunction) must have a prima facie case and the potential to win. A prima facie claim means that there is a genuine dispute and a chance of success for the applicant. 20 Jan 2023
What are the 3 requirements for injunction?
In M. Gurudas and Ors[2], a court decided that an application for injunction would be evaluated on three factors: the prima facie legality of the case, the balance of convenience and irreparable damage. 6 July 2023
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Civil lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
