HANCHATE SANJEEVKUMAR
T. Manoharan, S/o. Mr. A. Tharmalingam – Appellant
Versus
Babanna, S/o. Mr. P. Munivenkatappa – Respondent
JUDGMENT :
(Hanchate Sanjeevkumar, J.)
The plaintiff has filed this appeal challenging the judgment and decree passed in O.S.No.2422/2017, dated 06.02.2023, by the XXIX Addl. City Civil and Sessions Judge, Bengaluru, thereby, the suit filed for permanent injunction is dismissed and also granted the relief of possession in favour of the defendant directing the plaintiff to vacate and hand over the vacant possession of the suit schedule property to defendant.
2. The status of the parties is referred to as per their ranking before the Trial Court for easy reference and convenience.
3. Brief facts of the case are as under:
Plaintiff’s case:
b) It is further pleaded that the d
M. Kallappa Setty v/s M.V. Lakshminarayana Rao (AIR 1972 SC 2299)
Bachhag Nahar Vs. Nilim Mandal & Others reported in AIR 2009 SC 1103
C.M. Beena and another vs P.M.Ramachandra Rao (AIR 2004 SC 2103)
Chandu Lal vs Municipal Corporation of Delhi (AIR 1978 Del 174)
General Merchant Association vs The Corporation of Chennai (2000 III CTC 565)
Maria Margarida Sequeira Fernandes & others vs. Erasmo Jack Defendant Sequeira (Dead) through L.Rs.
Maria Margarida Sequeira Fernandes And Others Vs. Erasmo Jack De Sequeira (Dead) Through Lrs.
Puran Singh Vs. The State Of Punjab
Ram Sarup Gupta (Dead) By Lrs., Vs. Bishun Narain Inter College
The Carporation Of Calicut Vs. K. Sreenivasan
Thomas Cook (India) Limited vs Hotel Imperial & Ors (2006 (88) DRJ 545)
Settled possession cannot be deemed unlawful solely due to resignation; eviction requires due process of law.
Permanent injunction – A person cannot have benefit of protection order from Court when he has failed to prima facie establish his right to remain in possession of property.
A trespasser cannot claim ownership based on unlawful possession; clear legal grounds for ownership must be established.
The main legal point established in the judgment is the requirement for detailed pleadings and documentary evidence to support claims of possession and entitlement to relief, as well as the consequen....
The law in India accords with the jurisprudential thought as propounded by Salmond, respecting possession even if there is no title to support it. Possession can only be resumed by the true owner in ....
Question of title can be looked into in a suit for injunction unless same is very complicated – A person who is in settled possession cannot be dispossessed except in accordance with law.
Defendants have established their title and the plaintiff’s claim for title has been negatived though his possession was confirmed. When his possession is claimed by virtue of title set up by plainti....
The central legal point established in the judgment is the nature of possession and the identification of the property in a counter claim, as well as the interpretation of relevant provisions of the ....
In a suit for permanent injunction, the burden of proof is on the plaintiff to establish possession and incidental title to the property. Clear title supported by documents is necessary to claim perm....
Possession and temporary injunction claims under Section 6 of the Specific Relief Act, providing summary protection against unlawful dispossession, established by continuous occupation even in absenc....
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