Case Note & Summary
The case involves two appeals arising from a common order of the Learned Single Judge dated 6th September 2021. The Appellant in Appeal No.551 of 2019 is the Original Defendant No.1 (Sanjay Mishrimal Punamiya), who claims to be a tenant in possession of Flat No.21 on the 5th floor of Al Sabah Court, Marine Drive, Mumbai. The Appellant in Appeal No.34 of 2021 is the Original Defendant No.3 (Mahesh Rupnarayan Soni), who claims to be a tenant in possession of a room on the ground floor of the same building. The Respondent No.1 (Sheikhah Fadiah Saad Al Abdulla) is the Plaintiff, who claims to be the owner of the building. The Plaintiff filed Suit No.175 of 2014 seeking an injunction against the Defendants from entering or interfering with the suit premises, alleging that the Defendants were trespassers. The Defendants contended that they were tenants and had been in possession for many years. The Learned Single Judge granted an injunction in favor of the Plaintiff, restraining the Defendants from entering the premises. The Defendants appealed. The main legal issues were whether a tenant in possession can be injuncted without a decree for possession, and whether a suit for injunction simpliciter is maintainable against a tenant. The court held that a tenant in possession cannot be dispossessed except by due process of law, and a suit for injunction without seeking possession is maintainable against a landlord who attempts to forcibly evict. The court allowed the appeals, set aside the impugned order, and dismissed the Plaintiff's Notice of Motion.
Headnote
A) Property Law - Possession - Tenant's Right - A tenant in possession cannot be dispossessed except by due process of law; a suit for injunction simpliciter is maintainable against a landlord who attempts to forcibly evict the tenant. (Paras 1-10) B) Civil Procedure - Injunction - Order 39 Rules 1 and 2 CPC - The court must consider the balance of convenience and irreparable injury; granting injunction against a tenant in possession without seeking possession is improper. (Paras 11-20) C) Specific Relief Act, 1963 - Section 6 - Suit for Possession - A person dispossessed without consent can sue for possession within six months; the provision does not bar a suit for injunction. (Paras 21-30)
Issue of Consideration
Whether the Learned Single Judge erred in granting an order of injunction against the Defendants who are tenants in possession, without considering their right to remain in possession until evicted by due process of law.
Final Decision
Appeals allowed. Impugned order dated 6th September 2021 set aside. Notice of Motion No.528 of 2015 and Notice of Motion No.534 of 2015 dismissed. Interim Applications disposed of.
Law Points
- Tenant's possession cannot be disturbed without due process of law
- Suit for injunction without possession is maintainable against landlord
- Order 39 Rules 1 and 2 CPC
- Section 6 of Specific Relief Act
- 1963
