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ALKA SARIN
Femella Fashions Pvt. Ltd. – Appellant
Versus
S. C. Jain – Respondent
JUDGMENT :
ALKA SARIN, J.
CM No. 7043-C of 2019
For the reasons stated therein, the delay of 6 days in refiling the present regular second appeal is condoned. Application stands disposed off.
RSA No. 2583 of 2019
1. This is a second appeal by the plaintiff-appellant against the judgments and decrees dated 31.07.2015 and 30.07.2018 passed by the Trial Court and the First Appellate Court, respectively, whereby it's suit for mandatory injunction has been dismissed.
2. The plaintiff-appellant approached the Court seeking the relief of mandatory injunction for directing the defendant-respondents to hand over the physical possession of the demised premise being No. 803 Udyog Vihar Phase-V, Gurgaon and further for directing them to execute and register the lease agreement on the terms and conditions as agreed on 09.02.2013 in favour of the plaintiff-appellant. It was averred that the plaintiff-appellant is engaged in the business of manufacturing cloth garments and was working from it's site at B-23 Udyog Vihar, Gurgaon and since the plaintiff-appellant wanted to expand it's business it needed some more property within Gurgaon and started searching for a suitable property through a broker Sh. J
A suit for mandatory injunction is not maintainable under Section 41(h) of the Specific Relief Act when an equally efficacious remedy is available, such as a suit for specific performance.
The need for the licensor to be vigilant and take prompt action to evict the licensee from the premises after the termination of the license.
In landlord-tenant disputes, a suit for injunction can be maintainable following adequate notice of tenancy termination, regardless of title disputes.
Failure to establish ownership and possession of the property led to the dismissal of the suit.
Suit for Mandatory Injunction – Where there is construction raised on disputed property alleged to be owned by plaintiffs, appropriate and efficacious remedy available to them was to institute suit f....
Tenants cannot be forcibly dispossessed without legal grounds, and tenancy agreements must be upheld, as reaffirmed by the court.
Mandatory injunctions require clear evidence of possession rights; mere claims of permissive possession undermined by admissions establishing tenant status.
A suit for permanent injunction is maintainable in civil court even when alternative remedies exist under the Rent Act, provided no other effective relief is available.
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