The court affirmed that a suit under Section 6 of the Specific Relief Act is maintainable for recovery of possession despite the land being government property, emphasizing the protection of possession over title.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

1. Heard Mr. Bedanta Kaushik, learned counsel, appearing on behalf of the petitioners. Also heard Mr. Amit Saring, learned counsel, appearing on behalf of the respondents.

2. The present appeal has been so instituted by the appellants, against an order, dated 19.05.2023, passed by the learned Civil Judge (Senior Division), East Siang District, Pasighat, in Misc. Case No. 56/2022 (in Title Suit No. 27/2022), rejecting the prayer for injunction so made by the appellants, herein.

3. The brief facts requisite for the purpose of adjudication of the issues arising in the present proceeding, is noted as under:

The predecessor-in-interest of the appellants Late Sisi Jongkey, who was the wife of the appellant No. 1, herein, and mother of appellants No. 2 to 5, was projected to have been occupying a plot of land measuring 2500 sq. mtrs. in the District of Upper Siang, Arunachal Pradesh, since the year 1980. Late Sisi Jongkey had approached the State Respondents in the year 1988, praying for allotment of land measuring 2000 sq. mtrs. It is contended that out of the said land under occupation of the Late Sisi Jongkey, a plot of land measuring 400 sq. mtrs. was approved by the then Circle Officer, Jengging, and forwarded to the concerned authority for necessary action. However, the land, in question, was not allotted to Late Sisi Jongkey. The predecessor-in-interest, Late Sisi Jongkey expired on 08.10.2013 and it is contended that the appellants, accordingly, inherited the possession of 2000 sq. mtrs. of the plot of land and had applied for substitution of their names in place of their predecessor-in-interest.

It is further contended that certain persons were trying to encroach upon the land so possessed by the appellants, herein, and for the said act; the Extra Assistant Commissioner, Jengging, vide letter, dated 26.05.2022, had directed the respondent No. 2, herein, to stop all types of construction activities over the land possessed by the appellants, herein, and further, she was directed to show reasons as to why legal action should not be taken against her. It was also contended that Kebang was also held by the jurisdictional village authority in the matter. However, nothing emanated therefrom.

It is also contended that on 06.11.2022, the respondent No. 2, in association with the respondent No. 1, illegally encroached upon a portion of the land possessed by the appellants, herein, and dispossessed the appellants, herein, from about 130 sq. mtrs. by constructing a thatched house. The appellants No. 2 to 5, lodged an First Information Report (FIR) on 07.11.2022, before the Jengging Police Station, inter alia, stating therein, about their illegal dispossession and construction activities carried-out on the said plot of land by the respondents, herein.

Being aggrieved by the dispossession, the appellants, herein, as plaintiffs, instituted Title Suit No. 27/2022, before the Court of learned Civil Judge (Senior Division), East Siang District, Pasighat, under the provisions of Section 6 of the Specific Relief Act, 1963, and sought for a declaration that the appellants, herein, were the rightful and lawful possessors of Schedule A and B of the plot of land, in question, and were dispossessed by the respondents, herein.

The appellants, herein, also prayed for recovery of the possession of Schedule B property in terms of the provisions of Section 6 of the Specific Relief Act, 1963, by evicting the respondents, herein, therefrom. The appellants, herein, also prayed for a permanent injunction restraining the respondents from disturbing the peaceful possession of the appellants over the balance portion of land measuring 1870 sq. mtrs. more specifically, described in Schedule A of the plaint. Along with the said application, the appellants, herein, also instituted Misc. (J) Case No. 56/2022 under the provisions of Order XXXIX Rule 1 & 2 of the Code of Civil Procedure, 1908, praying for grant of temporary injunction.

The l