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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Shimna Engineering Pvt. Ltd. – Appellant
Versus
Subhika Singh – Respondent
| Table of Content |
|---|
| 1. order of injunction in ongoing lawsuit. (Para 1 , 2 , 3 , 4 , 5) |
| 2. claim of tenancy status and rights. (Para 7 , 8 , 9) |
| 3. principles for granting injunction established. (Para 10 , 11 , 12) |
| 4. criteria for injunction based on maintainability. (Para 13 , 14 , 15) |
| 5. claim of occupation and tenant rights. (Para 16 , 17 , 18) |
| 6. specific relief act and obligations clarified. (Para 19 , 20 , 21) |
| 7. no breach of obligation claimed. (Para 22 , 23 , 24) |
| 8. invasion of rights and legal standing. (Para 25 , 26 , 27 , 28 , 29) |
| 9. cases of third-party claims in litigation. (Para 30 , 31 , 32 , 33) |
| 10. regarding lawful possession. (Para 34 , 35 , 36) |
| 11. criteria for establishing possession. (Para 37 , 38 , 39 , 40) |
| 12. possession not deemed lawful. (Para 41 , 42 , 43) |
| 13. trial court's discretion emphasized. (Para 44 , 45 , 46) |
| 14. final ruling on injunction appeal. (Para 47 , 48 , 49) |
JUDGMENT :
HIRANMAY BHATTACHARYYA, J.
1. This application under Article 227 of the Constitution of India is at the instance of the second defendant and is directed against an order dated May 15, 2025 passed by the learned District Judge, 24 Parganas (South) at Alipore in Misc. Appeal No. 147 of 2025 revers
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.
The court clarified that to obtain a temporary injunction, a party must demonstrate irreparable harm, a favorable balance of convenience, and a prima facie case even without physical possession.
In a suit for injunction, the burden lies on the plaintiffs to prove prima facie case, balance of convenience, and irreparable loss, failing which the appeal may be dismissed.
Claims of occupancy rights and adverse possession cannot coexist; an encroacher is not entitled to injunctive relief against the rightful owner.
The court emphasized that a party seeking a temporary injunction must demonstrate a prima facie case, balance of convenience, and risk of irreparable harm, with a failure to do so justifying dismissa....
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.
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