Wednesday 14 January 2015

When injunction can be granted to restrain deft from dispossessing plaintiff from suit property?

(2014) 8 Supreme Court Cases 902
Ram Daan v.
Urban Improvements Trust
Date of Judgment : 01.08.2014
A Specific relief Act, 1963 – Ss. 38, 5 and 6 – Suit for permanent injunction restraining defendant (respondent
Trust) from dispossessing appellant-plaintiff from suit land, without claiming title – Maintainability
- Plaintiff being in possession has a good title against everybody except rightful owner – In absence of
any assertion of respondent’s ownership in written statement, legal character of respondent not known
– Instead respondent submitted before Supreme Court that real owner of suit land was State of Rajasthan,
which is not respondent – Even assuming respondent had some authority to evict appellant,
no proceedings in accordance with law taken by respondent against appellant – Held, appellant entitled
to decree of permanent injunction as prayed for, subject to right of real owner to evict appellant in
accordance with law – Rajasthan Land Revenue Act, 1956 (15 of 1956) – S. 91 – Evidence Act, 1872 – S.

110 – Property Law – Possessory title – Good against all but real owner – Civil Procedure Code, 1908,
Or. 7 and Or. 2 R. 2
B Tenancy and Land Laws – Rajasthan Land Revenue Act, 1956 (15 of 1956) – S.91 – Eviction – If after
eviction, evicted person re-enters possession of land, fresh eviction proceedings have to be initiated in
accordance with law against him – Specific Relief Act, 1963, S.6.
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