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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Khandu Bajaba Gawande (since deceased through legal heirs) – Appellant
Versus
Deoram Bajaba Gawande (since deceased through legal heirs) – Respondent
| Table of Content |
|---|
| 1. background of suit under s.6 sra for possession restoration (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. parties dispute trial court's possession findings and evidence (Para 8 , 9 , 10 , 11) |
| 3. s.6 sra limits enquiry to recent possession without due process (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. conflicting claims on dispossession date and third-party possession (Para 19 , 20 , 21 , 22 , 23) |
| 5. trial court erred by ignoring evidence on possession date (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 6. revision succeeds; suit dismissed for unproven possession (Para 34 , 35) |
JUDGMENT :
SANDEEP V. MARNE, J.
1) Revisionary jurisdiction of this Court under Section 115 of the Code of Civil Procedure, 1908 (Code) is invoked for assailing the judgment and order dated 9 December 2022 passed by the learned Judge, City Civil Court, Greater Bombay in S.C. Suit No. 3192/2012. The Suit is decreed directing the Applicants to restore possession of suit premises to the Plaintiffs and the Applicants are restrained from dispossessing the Plaintiffs from the suit premises without following due process of law and from disturbing their possession.
2) The case of the Plaintiffs, as pleaded in
In Section 6 Specific Relief Act suit, plaintiff must prove settled possession on exact dispossession date against specific defence of third-party prior occupation; trial court's perverse ignorance o....
Watchman or caretaker's occupation of outhouse does not constitute settled possession of entire property under Section 6 Specific Relief Act; plaintiffs' prior possession proved by repair works entit....
(1) There is a difference between concept of ‘possession’ and ‘mere presence in property’.(2) Test of proving possession cannot be different for Plaintiff seeking injunction against defendant to prot....
Section 6 Specific Relief Act suits are summary for possession restoration only; composite suits with injunction, compensation, or title/payment disputes between developer and purchaser exceed scope ....
The court reaffirmed that in suits under Section 6 of the Specific Relief Act, the focus is solely on possession and unlawful dispossession, not on the title of the property.
The court ruled that while unlawful dispossession was established, the dismissal of the plaintiff's suit on technicalities violated the substantive rights under Section 6 of the Specific Relief Act.
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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