SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1996 Supreme(AP) 65

Andhra Pradesh High Court
Judges : D.H.NASIR
O.Sheela Harry - Appellant
Versus
Capt.Mohd.Mirza - Respondent
Decided On : 02-02-96

A court may grant an interim injunction if the plaintiff has a good prima facie case, the balance of convenience is in favour of the plaintiff, the plaintiff is likely to suffer irreparable injury if the injunction is not granted, the court has jurisdiction to grant the injunction, and the grant of the injunction is not an abuse of process of law.

Headnote:

URBAN LAND CEILING ACT - INJUNCTION - INTERIM INJUNCTION - GRANT OF - CONDITIONS PRECEDENT - PRIMA FACIE CASE - BALANCE OF CONVENIENCE - IRREPARABLE INJURY - URBAN LAND CEILING ACT, 1976 - SECTION 20(1)(B) - RECORD OF RIGHTS REGULATION - JURISDICTION OF REVENUE OFFICERS - INJUNCTION ORDERS - ABUSE OF PROCESS OF LAW.

Fact of the Case:

The appellants filed a suit for injunction against the respondents, alleging that the respondents were interfering with their peaceful possession and enjoyment of the suit property. The respondents resisted the petition for interim injunction by filing a counter. The trial court dismissed the appellants' petition for interim injunction. The appellants filed an appeal against the order of the trial court.

Finding of the Court:

The court held that the appellants had a good prima facie case for preventing any interference to be made with regard to the possession of the suit property. The court also held that the balance of convenience was in favour of the appellants and that they were likely to be exposed to irreparable loss if an injunction was not granted. The court further held that the trial court had jurisdiction to grant interim injunction and that the grant of interim injunction was not an abuse of process of law.

Issues: 1. Whether the appellants had a good prima facie case for preventing any interference to be made with regard to the possession of the suit property? 2. Whether the balance of convenience was in favour of the appellants? 3. Whether the appellants were likely to be exposed to irreparable loss if an injunction was not granted? 4. Whether the trial court had jurisdiction to grant interim injunction? 5. Whether the grant of interim injunction was an abuse of process of law?

Ratio Decidendi: 1. A prima facie case for the grant of an interim injunction exists when the plaintiff has a good arguable case and there is a real and substantial question to be tried. 2. The balance of convenience is in favour of the party who would suffer greater inconvenience if the injunction is not granted than the inconvenience which the opposite party would suffer if the injunction is granted. 3. Irreparable injury is injury that cannot be adequately compensated by damages. 4. A court has jurisdiction to grant an interim injunction if it has the power to hear and determine the main suit. 5. The grant of an interim injunction is not an abuse of process of law if it is made in accordance with the law and is not oppressive or vexatious.

Final Decision: The appeal was allowed to the extent that interim injunction was granted in respect of Plot Nos. 1 and 2 in Ex. A-5 and Ex. A-4 respectively. The appeal was dismissed in respect of the remaining survey numbers in dispute.

D. H. NASIR, J.

( 1 ) THIS appeal arises from an order passed in I. A. No. 1202/1994 in o. S. No. 1052/1994 on the file of the IV additional Judge, City Civil, Court, hyderabad, on 28-7-1995 dismissing the original plaintiffs petition for grantinginterim in junction.

( 2 ) THE appellant s case in short is that the respondents (original defendants) were interfering with the peaceful possession and enjoyment of the appellant s property being 2098 sq. years of land bearing Survey Nos. 76,78,79, 80 and 96 situated at Khairatabad Village, Anandnagar, hyderabad. The aforesaid suit schedule property originally belonged to the respondent No. 1. The same as purchased by TV. T. Gnananprakasam under a registered sale deed dated 13-3-1961. The purchaser was put into possession thereof since 1967. Thereafter, one Eunice James acquired the said property from N. T. Gnanaprakasam by virtue of a Release Deed on 26-4-1969 and the appellant acquired the same by virtue of Settlement Deeddated 17-8-1975 and, that since then the appellants are enjoying the same peacefully.

( 3 ) FURTHER, according to the appellants, respondentno. 2 with the help of antisocial elements was trying to interfere with the appellants possession in August, 1994 with a view to grabbing the property illegally from the appellants. The appellants, therefore, filed O. S. No. 1052/1994 and obtained ad interim injunction.

( 4 ) RESPONDENTNO. 2 resisted the petition for interim injunction by filing counter. No counter was filed by respondent No. 1. Respondentno. 2 alleged that the appellants, in fact, were trying to grab the land to the extent of 7300 sq. yds in Survey No. 80 and 81 which was held by respondent No. 2 for development in pursuance to an agreement for development dated23-4-1994 executed by respondent no. 3 in his capacity as the constituted Attorney of Respondent No. 1. Respondentno. 1, according to Respondent no. 2, was the original owner and pattedar of the entire land bearing Survey Nos. 76,78, 78,80 and 96 situated at Khairatabad Village. The total extent of the land covered by these survey number was 84 acres.

( 5 ) RESPONDENT No. 2 filed O. S. No. 3644/ 1994 on the file of the II Assistant Judge, city Civil Court, Hyderabad, and obtained interim orders in I. A. No. 3919/94 against respondent Nos. 8 and 10. Thereafter, according to respondent No. 2, the appellants and one Sri Ramulu were trying to interfere with his possession and were trying to grab the property of Survey Nos. 80 and 81 admeasuring 7300 sq. yards.

( 6 ) RESPONDENTS 5 and 6 filed a common counter and contended that an in junction had already been subsisting against the appellants in I. A. No. 376/90 in O. S. No. 55/90 on the file of the V Additional Judge, City Civil court, Hyderabad, which fact was suppressed by the appellants while obtaining tiie ad interim injunction. Respondents 5 and 6 denied the title in favour of N. T. Gnana Prakasam as also the Release Deed as mentioned in the petition for interim injunction. They also contended that these survey numbers were not contiguous and werenot forming part of the extent of 12540 sq. yards of land as claimed by the appellants. It is further contended by respondens 5 and 6 that they entered in to an agreement of sale and purchased 2420 sq. yards of land bearing survey Nos. 76, 78 and 79 situated at khairatabad Village for a total consideration of Rs. 3,63, 150/ -. Further according to them, they had to file a suit for specific performance against Respondent No. 1 and had to obtain an ad interim injunction from the V additional Judge, City Civil Court, hyderabad.

( 7 ) RESPONDENT No. 4 in the present case filed a memo adopting the counter of respondent Nos. 5 and 6.

( 8 ) THE plaint scheduled property is described as follows; "all that vacant land admeasuring 2098 sq. yds. which is part of the land in survey Nos. 76,78,79,80 and 96 situated at Khairatabad, Anandnagar, Hyderabad " the boundaries have also been described in the schedule. It was arg




































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top