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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Ashok Kacharu Gaikwad – Appellant
Versus
Rev. Samuel Shankar Chandekar (deceased) through his legal heirs 1A Smt. Nirmalabai Samuel Chandekar – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1) The Applicant has preferred the present Revision Application under Section 115 of the Code of Civil Procedure, 1908 (the Code) challenging the Judgment and Order dated 21 May 2022 passed by the learned 3rd Joint Civil Judge, Senior Division, Nashik, decreeing Special Civil Suit No.218 of 2016 and directing the Applicant/Defendant to restore possession of the suit property to the Plaintiff under Section 6 of the Specific Relief Act, 1963.
2) Applicant is the Defendant in Special Civil Suit No.218 of 2016. The Suit was originally instituted by Rev. Samuel Shankar Chandekar and another under Section 6 of the Specific Relief Act, 1963 seeking restoration of the possession in respect of the suit property from the Applicant-Defendant.
3) At the heart of the controversy between the parties is a British owned and constructed bungalow named ‘Barley Bungalow’ together with five outhouses located at Igatpuri, District-Nashik and which is situated on land bearing City Survey No.570 (Survey No.155-A) admeasuring 1 Hector 14 R (suit property).
4) It is Plaintiffs’ pleaded case in the plaint that the suit property was owned by one Barley family, which was of British
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....
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....
(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....
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....
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.
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