Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA
Santosh Jha, S/o. Late Sh. Manohar Jha – Appellant
Versus
Salma Deshmukh – Respondent
| Table of Content |
|---|
| 1. ownership and possession of suit property (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. court analysis on evidence and possession ruling (Para 15 , 16 , 22 , 38 , 42) |
| 3. defendants argue possession based on technical ownership (Para 18 , 20 , 21) |
| 4. legal principles of possession under s.6 of specific relief act (Para 19 , 23) |
| 5. final dismissal of the appeal (Para 44) |
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. A Civil Revision Petition under Section 115 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC, 1908”) has been filed by the Petitioners (Defendants) to challenge the Judgment dated 11.01.2021 in Civil Suit No. 250/2020 vide which the decree of possession has been made against them under Section 6 of the Specific Relief Act, 1963.
2. Briefly stated, the Respondent-Smt.Salma Deshmukh (Plaintiff filed a Suit for Possession under Section 6 of the Specific Relief Act, 1963 and for Permanent and Mandatory Injunction.
3. As per the Plaintiff of plot bearing No.20, Shyam Vihar, Phase-1, Dindarpur, Najafgarh New Delhi-110043 measuring approximately 120 sq. yards (hereinafter referred to as “Suit Property”) was originally owned by one Sh. Randhir who
Court confirmed that possession, established without due process, warrants restoration under Section 6 of the Specific Relief Act, irrespective of ownership documents, which do not confer automatic r....
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....
Possession can be reclaimed swiftly under Section 6 of the Specific Relief Act, allowing immediate remedies against illegal dispossession, disregarding title disputes.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
