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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.SANDESH
Tabrejulla S/o M. Sanaulla – Appellant
Versus
Jaffar Khan S/o Liyakath Ali Khan – Respondent
| Table of Content |
|---|
| 1. factual background regarding the property and agreements. (Para 1 , 2) |
| 2. defendant's assertions regarding the validity of the license. (Para 3 , 4) |
| 3. trial court's findings on evidence and rulings. (Para 5 , 6 , 7) |
| 4. arguments presented by appellant's counsel regarding irrevocability of license. (Para 8 , 9 , 10 , 11) |
| 5. final order and dismissal of appeals. (Para 12) |
JUDGMENT :
H.P.SANDESH, J.
1. These matters are listed for admission. Heard the learned counsel for the appellant in the respective appeals. These two second appeals are filed against the concurrent finding.
2. The factual matrix of case of appellant before the Trial Court while seeking the relief of permanent injunction, it is contended that the defendant is the owner of the suit schedule property. The plaintiff is licensee of the said property by virtue of a license granted through written document dated 11.02.2015 for a period of 6 years that comes to an end on 11.02.2021 and he is running wood craft business in the scheduled property. As per the terms of license, the plaintiff constructed permanent structure of building in the suit schedule property for the purpose of wood craft business. It is also
The license agreement for property use was revoked post-expiration, and the appellant is liable for unpaid rent; no rights under the Indian Easement Act, 1882 were established due to the nature of th....
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....
Mandatory injunctions require clear evidence of possession rights; mere claims of permissive possession undermined by admissions establishing tenant status.
A suit for permanent injunction is not maintainable when the defendant raises a genuine dispute regarding the plaintiff's title, and the plaintiff fails to prove lawful possession.
Settled possession cannot be deemed unlawful solely due to resignation; eviction requires due process of law.
A suit for permanent injunction, without seeking a declaration of title, is not maintainable when ownership is disputed; a comprehensive claim is required to address possession and title.
The main legal point established in the judgment is the requirement to prove permissive possession and adverse possession, as well as the elements necessary to establish adverse possession under the ....
Owner of immovable property on termination of license is entitled to maintain suit for mandatory injunction against licensee to vacate property.
Suit filed for perpetual injunction by plaintiff, when there is cloud over title is not maintainable.
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