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SANDEEP V. MARNE
Gaurav Sri Kalyan – Appellant
Versus
Ram Naresh Singh – Respondent
JUDGMENT
Plaintiff has filed the present Interim Application seeking temporary injunction for restoration of possession of the suit premises during pendency of the Suit.
2. Plaintiff has filed the present Suit under Section 6 of the Specific Relief Act,1963 (the Act) complaining of dispossession by the Defendants on 8 September 2025. Block Nos.1 and 3 on ground floor of the building named ‘Laxmi Sadan’ situated at Plot No.123, Sir Bhalchandra Road, 5th Lane Corner, Hindu Colony, Dadar (East), Mumbai are the ‘suit premises’.
3. Plaintiff ‘s pleaded case in the Plaint is that he is a nephew and Class-II legal heir of Radheshyam Chhotelal Shah (Radheshyam) who was a tenant in respect of the suit premises. It is also Plaintiff ‘s case that Smt. Saroj Krishnaji Salakade (Saroj) had 1/6th undivided share in the land and the building in which the suit premises are located. That the other co-owners had transferred/released their respective 1/6th shares in the land and the building in her favor thereby making Saroj 50% owner in respect of the land and the building. That Radheshyam took possession of Block No.1 on the ground floor from another tenant and acquired tenancy rights therein by pa
(1) There is a difference between concept of ‘possession’ and ‘mere presence in property’.(2) Test of proving possession cannot be different for Plaintiff seeking injunction against defendant to prot....
Possession and temporary injunction claims under Section 6 of the Specific Relief Act, providing summary protection against unlawful dispossession, established by continuous occupation even in absenc....
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....
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....
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.
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 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 possessi....
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