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HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
B.N. Tripathi – Appellant
Versus
State of U.P. – Respondent
Judgment :
Sandeep Jain, J.
1. The instant appeal has been filed by the plaintiff under Section 96 CPC against the impugned judgment and decree dated 20.4.2016 passed by the 2nd Additional Judge Small Cause Court, Kanpur Nagar in O.S. no. 243 of 2009 B.N. Tripathi and others vs. State of U.P. and another, whereby the plaintiffs suit for the relief of mandatory injunction directing the defendants to deliver the possession of the disputed plot and award of damages of Rs. 41,16,800/- with interest @18% p.a. has been dismissed.
Plaint case
2. The plaintiffs filed O.S. no. 243 of 2009 against the defendant no.1 State of Uttar Pradesh and defendant no. 2 Kanpur Development Authority (KDA) with the averments that they are the joint lessees of plot No. 56, Block 'A', Scheme 39, Jajmau, Kanpur, hereinafter referred to as the disputed plot, admeasuring 2,222 square yards by virtue of lease deed dated 3.12.1984, which was executed by the defendant KDA. It was further averred that the disputed plot was leased to plaintiffs for a period of 999 years commencing from 3.12.1984,for a consideration of the premium reserved under the aforesaid lease deed of Rs. 22,220/-, which was paid by the plaintiffs
Lease agreements must specify possession delivery terms; unjustified withholding of possession can lead to entitlement for damages reflecting lost profits and escalation costs.
The main legal point established in the judgment is that concurrent findings of facts and law recorded by the lower courts cannot be interfered with unless they are found to be perverse to the extent....
In a suit for permanent injunction, the plaintiff must establish possession; failure to contest evidence leads to confirmation of ownership and injunction.
In a suit for permanent injunction, the plaintiff must establish possession of the property to obtain relief, and mere claims of ownership by a defendant do not suffice to cloud the title of the plai....
In a suit for permanent injunction, a plaintiff must establish possession; mere claims of ownership without evidence do not suffice to challenge established rights.
The court affirmed that possession established via lawful means prevails against forcible dispossession and clarified the maintainability of civil suits for possession regarding title irrespective of....
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