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How to implement the order passed by the DRO ?


11-Nov-2023 (In Landlord/Tenant Law)
Respected sir, We have get a order passed by the DRO -Madurai on 10/10/2017 against a person who had filed a case for tenancy right registration against us. Already the petition had filed before Tahsildar and same has been dismissed by Tahsildar. Now the DRO has passed order there is no evidence for cultivation in suit property and no tenancy agreement between them. Therefore Tahsildar order is confirmed. Meanwhile, the defendant has filed OS in the Subordinate Court asking permanent injunction and IA for temporary injunction. What can I do by the DRO order?
Answers (3)

Answer #1
923 votes
Immediately, file a caveat in that court where that person has filed a suit, . Then file an application in the court requesting the court to join you as a necessary party to the suit and praying the court not to grant any interim injunction. The orders passed by the Tahsildar and the DRO will definitely support your case.
Answer #2
801 votes
Above the order of DRO aggrieved person can approach a civil court. The order of DRO will help you in the suit before the Sub Court. Since it is a bare injunction suit if you deny the title of other side he should amend the plaint and pray for declaration if not the suit is liable to be dismissed.
Answer #3
965 votes
Sir, he cannot file a suit for injunction since the Revenue authorities have categorically dismissed his claims. However, for the purpose of granting the relief of injunction, the court can incidentally go into the question as to who is in possession of the land and in what capacity. Therefore, If possession is with him, it is necessary that you file a suit for recovery of possession because even a trespasser has to be evicted only by following due process of law.

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