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

Ashok Kini

7 Feb 2019 6:44 AM IST

"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 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. In this case, 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...

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

Ashok Kini

"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."

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