Team  SoOLEGAL

Supreme Court: Section 38 Specific Relief Act, No Injunction Unless The Plaintiff Proves His Actual Possession On The Date Of Filing Suit

Team SoOLEGAL 7 Feb 2019 4:00pm

Supreme Court: Section 38 Specific Relief Act, No Injunction Unless The Plaintiff Proves His Actual Possession On The Date Of Filing Suit

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The Supreme Court recently gave a ruling in the case of Balakrishna Dattatraya Galandev v. Balakrishna Rambharose Gupta Gupta and Another that on the date the Plaintiff files the suit, he Plaintiff has to prove his actual possession.

The brief facts of the case are as follows:

The Respondent claimed to be the tenant and filed a suit for permanent injunction in 2004 restraining the appellant from disturbing the peaceful possession in the suit premises.

Judicial history of the case

1.   The suit was dismissed by the trial Court on scrutinizing all the pleadings by the then Plaintiff and Defendant, evidences and relevant issues. The ground for dismissal was that the Plaintiff failed to produce any relevant documents showing that he has been carrying on the business from the suit premises.

2.   The case went to be heard by the Appellate Court. The Respondent - Plaintiff had established his possession over the suit property and there was an error on part of the Trial Court.

3.   A writ petition was filed in the High Court in the year 2016 under Article 227 of the Constitution of India. The said appeal was dismissed.

4.   The defendants filed an appeal in the Supreme Court

The Supreme Court had the same view as that of the Trial Court that the plaintiff has failed to prove that he was in actual possession of the property on the date of the suit.

The Apex Court held that under Section 38 of the Specific Relief Act, an injunction which restrains the defendant from disturbing possession cannot be granted in favor of the Plaintiff until and unless he proves that he was in actual possession of suit property at the date of filing of the suit.

Tagged: supreme court   specific relief act   section 38   injuction  
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