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Plaintiff Has To Prove His Actual Possession On The Date Of Filing The Suit For Grant Of Permanent Injunction

In CIVIL APPEAL NO. 1509 OF 2019, BALKRISHNA DATTATRAYA GALANDE vs BALKRISHNA RAMBHAROSE GUPTA, the trial court had dismissed the suit filed by a tenant seeking permanent injunction against the landlord, on the ground that the tenant-plaintiff did not produce any relevant documents showing that he has been carrying on the business from the suit premises. The first appellate court reversed these findings and the High court affirmed the same.

The Apex court bench, on the appeal filed by the defendants, agreed with trial court view that plaintiff has failed to prove that he was in actual possession of the property on the date of the suit. The court said that, under Section 38 of the Specific Relief Act, an injunction restraining the defendant from disturbing possession may not be granted in favour of the plaintiff unless he proves that he was in actual possession of the suit property on the date of filing of the suit.

The court further said that having not paid rent for more than fifteen years, it cannot be said that possession of the first respondent-plaintiff can be said to lawful possession entitling him to grant of permanent injunction.

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