Friday 4 February 2022

Whether a person who has no legal right to a property can claim an injunction against a municipal corporation restraining it from dispossessing him from that property?

  However, it appears that the plaintiff in his pleadings has stated about previous possession simplicitor. But that too cannot be protected by granting injunction as prayed, because the eviction order was there against him. He was even offered alternate accommodation pursuant to his prayer, may be as freedom fighter. Therefore since the Corporation decided to give alternate accommodation, the plaintiff lost all his right in the property, i.e. the rights arising out of possession simplicitor. Because no legal right over the property is claimed, asserted and proved by the plaintiff. It is true that number of documents produced to show that he was in possession but mere possession in the absence of any right does not give protection to the plaintiff particularly in all the circumstances mentioned above.

{Para 22}

Bombay High Court
Motillal Mahadev Sharma (Since ... vs The Municipal Corporation Of ... on 1 April, 2005
Equivalent citations: AIR 2005 Bom 344, 2006 (2) BomCR 409; 2005 (3) ALL MR869

D.G. Deshpande, J.
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