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N. J. JAMADAR
Rajendra Balkrishna Vichare – Appellant
Versus
S. D. Corporation Pvt. Ltd – Respondent
| Table of Content |
|---|
| 1. background of housing premises dispute. (Para 1 , 3 , 4 , 5) |
| 2. court's reasoning on possession versus title. (Para 7 , 12 , 13 , 14 , 15 , 18) |
| 3. arguments regarding possession and injunction. (Para 10 , 11) |
| 4. legal principles on entitlement to benefits from redevelopment. (Para 16 , 17) |
| 5. conclusion to dismiss the appeal. (Para 20 , 21) |
ORDER :
N.J. Jamadar, J.
This Appeal is directed against a common order dated 27th January, 2023, passed by the learned Judge, City Civil Court in Notice of Motion Nos. 2067 of 2017, 2366 of 2017 and 1097 of 2018, whereby the Notices of Motion Nos. 2067 of 2017 and 2366 of 2017 taken out by the appellant-plaintiff came to be dismissed and the Notice of Motion No. 1097 of 2018 taken out by the respondent-defendant No. 2 came to be partly allowed thereby directing the respondents-defendant Nos. 1, 5 and 6 to hand over possession of permanent alternate accommodation i.e. Flat No. 2074 in Building No. 2, to defendant No. 2 with further direction to the defendant No. 2 not to part with the possession of the permanent alternate accommodation and create any third party interest therein, till disposal of the suit.
2. For the sake of convenien
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 ....
A family member of a tenant cannot claim legal rights to property or file for an injunction without asserting ownership or interest, demonstrating a lack of enforceable obligation under the law.
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.
Settled possession cannot be deemed unlawful solely due to resignation; eviction requires due process of law.
Point of Law : If the trial Court finds that any party is misusing the liberty, it shall be within the powers of the trial Court to impose costs which is commensurate in the facts and circumstances t....
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.
Mandatory injunctions require clear evidence of possession rights; mere claims of permissive possession undermined by admissions establishing tenant status.
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