A CRITICAL STUDY ON MISUSE OF TEMPORARY INJUNCTIONS IN LANDLORD AND TENANT DISPUTES.

The law relating to landlord–tenant relationships in India occupies a crucial position within the broader framework of civil and property law. Given the increasing urbanisation and the growing dependence on rental housing and commercial spaces, disputes between landlords and tenants have become both frequent and complex. One of the most significant procedural tools available in such disputes is the temporary injunction, governed primarily by Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908. Temporary injunctions are intended to preserve the status quo and protect the rights of parties during the pendency of litigation. However, despite their equitable foundation, these remedies are increasingly being misused, particularly by tenants, as instruments of delay and litigation strategy. This research undertakes a critical examination of the misuse of temporary injunctions in landlord–tenant disputes in India. It analyses the legal framework, judicial principles, patterns of abuse, and the impact of such misuse on property rights and judicial efficiency. The study also evaluates the effectiveness of existing safeguards and proposes reforms to strike a balance between protection of rights and prevention of abuse.