Section 38 Specific Relief Act: Plaintiff Has To Prove His Actual Possession On The Date Of Filing The Suit: SC [Read Judgment]
6 years, 1 month ago

Section 38 Specific Relief Act: Plaintiff Has To Prove His Actual Possession On The Date Of Filing The Suit: SC [Read Judgment]

Live Law  

The Supreme Court has observed that in a suit filed under Section 38 of the Specific Relief Act, permanent injunction can be granted only to a person who is in actual possession of the property on the date of 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 bench comprising Justice R. Banumathi and Justice R. Subhash Reddy said: "In a suit filed under Section 38 of the Specific Relief Act, possession on the date of suit is a must for grant of permanent injunction. When the first respondent-plaintiff has failed to prove that he was in actual possession of the property on the date of the suit, he is not entitled for the decree for permanent injunction."

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History of this topic

In Suit For Declaration Of Title With Further Relief Of Possession, Limitation Period Of 12 Years Applies; Not 3 Years : Supreme Court
Trending News
3 months ago

In Suit For Declaration Of Title With Further Relief Of Possession, Limitation Period Of 12 Years Applies; Not 3 Years : Supreme Court

Live Law  

The Supreme Court held that while the limitation period in a suit typically follows the main relief, this does not apply when the main relief is a declaration of title, as there is no limitation for such declarations. The bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan was hearing the appeal filed against the Karnataka High Court decision that …

In Suit For Declaration Of Title With Further Relief Of Possession, Limitation Period Of 12 Years Applies; Not 3 Years : Supreme Court
Trending News
3 months ago

In Suit For Declaration Of Title With Further Relief Of Possession, Limitation Period Of 12 Years Applies; Not 3 Years : Supreme Court

Live Law  

The Supreme Court held that while the limitation period in a suit typically follows the main relief, this does not apply when the main relief is a declaration of title, as there is no limitation for such declarations. The bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan was hearing the appeal filed against the Karnataka High Court decision that …

Suit For Injunction In Respect Of Immovable Property Not Abated On Death Of Parties: Karnataka High Court
2 years, 10 months ago

Suit For Injunction In Respect Of Immovable Property Not Abated On Death Of Parties: Karnataka High Court

Live Law  

The Karnataka High Court has said that in a suit relating to grant of injunction in respect of an immovable property, the right to sue is not personal to the plaintiff but survives to his legal representative and the suit for injunction would not therefore abate on the death of the parties. Referring to Section 2 of CPC, which is …

Relief Of Permanent Injunction Against True Owner Cannot Be Granted When Title Dispute Is Settled Against Plaintiff : Supreme Court
3 years ago

Relief Of Permanent Injunction Against True Owner Cannot Be Granted When Title Dispute Is Settled Against Plaintiff : Supreme Court

Live Law  

The Supreme Court observed that a suit for permanent injunction is not maintainable against the true owner of the property when the dispute with respect to title is settled against the plaintiff.Once the suit is held to be barred by limitation qua the declaratory relief, the prayer for permanent injunction, which is a consequential relief can also be said to …

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