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MANJARI NEHRU KAUL
Charanjit Kaur – Appellant
Versus
Mukhtar Singh – Respondent
JUDGMENT
ORDER
Manjari Nehru Kaul, J. (Oral). - Petition herein, under Article 227 of the Constitution of India is for setting aside the impugned judgment and decree dated 14.07.2016 (Annexure P-2) passed by the learned trial Court under Section 6 of the Specific Relief Act for possession of suit property and permanent injunction.
2. Learned counsel submits that the trial Court acted contrary to the material on record and erred in not appreciating the evidence which was led by the petitioner. He further submits that the trial Court wrongly dismissed the suit on the grounds of limitation by completely ignoring the fact that the petitioner had filed a suit No.1363/10 dated 28.07.2010, prior to the instant suit, against the respondent, wherein the trial Court had granted interim injunction. However, during the pendency of the aforementioned suit, the respondent took illegal possession of the suit property during the petitioner's absence. Thereafter, the petitioner immediately withdrew the aforesaid suit for permanent injunction and instituted the instant suit under Section 6 of the Specific Relief Act. He thus submits that in the above circumstances, it cannot be said that the suit in qu
The judgment establishes the principle that the period of limitation prescribed for instituting a suit for recovery of possession under Section 6 of the Specific Relief Act must be adhered to, and fa....
The main legal point established in the judgment is the interpretation of the word 'dispossessed' in triggering the cause of action for filing a suit under Sec. 6 of the Specific Relief Act, emphasiz....
An appeal or review is not maintainable against any order or decree passed in a summary suit for recovery of possession instituted under the specific statutory provision, as the law explicitly bars s....
Under Section 6 of the Specific Relief Act, courts can only adjudicate possession issues and not title disputes in cases of dispossession within six months.
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 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.
Limitation issues in landlord-tenant disputes can involve mixed questions of law and fact, precluding outright dismissal during preliminary proceedings.
The discretionary power of the court in granting injunction and the limitations of appellate jurisdiction in interfering with such orders.
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