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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Jayashree Jaisingh Babar – Appellant
Versus
Shirish Ramdas Sarode – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1) Whether a developer can file a Suit under Section 6 of the Specific Relief Act, 1963 (Specific Relief Act) for recovery of possession of flat sold to a purchaser on the ground that full consideration therefor is not paid and the possession thereof is illegally obtained? Is the summary remedy under Section 6 of the Specific Relief Act intended for resolution of disputes between developer and flat purchaser relating to the purchase transaction and whether decree for restoration of possession under Section 6 can be passed against a flat purchaser, who has failed to pay full amount of consideration? These are the broad issues that arise for consideration in the instant Revision Application filed by the flat purchaser, who faces decree for restoration of possession of flat to the developer.
2) The issues arise in the light of challenge mounted by the Applicant to the judgment and decree dated 14 March 2022 passed by the Joint Civil Judge, Senior Division, Pune decreeing the suit filed by the Plaintiff-Respondent under Section 6 of the Specific Relief Act, 1963 and directing Applicant-Defendant to restore possession of the suit property to the Plaintiff wi
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.
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....
The court ruled that a suit under Section 6 of the Specific Relief Act requires proof of dispossession within six months, and the limitation period begins from the date of dispossession, not from the....
The main legal point established in the judgment is that suits for recovery of possession under Section 6 of the Act of 1963 must be filed within six months of dispossession, and the title of the par....
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