Case Note & Summary
The plaintiff, Sukriti Maingi, proprietress of M/s Global Maritime Organisation, filed a suit for recovery of possession of flat No.18/A in Sparsh Co-operative Housing Society at Janakalyan Nagar, Marve Road, Malad (West), Mumbai, against defendants Indrani Chowdhary and others. The plaintiff claimed title to the suit flat based on a Deed of Sale dated 21.8.1992 and a share certificate issued by the society showing her proprietary concern as a member from 14.3.1992. The plaintiff sought possession from defendant Nos.1, 2, and 3 under Section 5 of the Specific Relief Act, 1963. The court examined the evidence, including the registered sale deed and share certificate, and found that the plaintiff had proved her title. The defendants did not produce any evidence to show a better title or right to remain in possession. The court held that the plaintiff is entitled to recovery of possession based on her title. The judgment was reserved on 10th June 2010 and pronounced on 24th June 2010 by Justice Roshan Dalvi.
Headnote
A) Specific Relief Act - Recovery of Possession - Section 5 - Title - Plaintiff must prove her title to the property - The court held that the plaintiff has established her title through a registered sale deed dated 21.8.1992 and a share certificate issued by the co-operative society showing her membership from 14.3.1992 - The plaintiff is entitled to recovery of possession from the defendants who are in occupation without any right (Paras 1-3).
Issue of Consideration
Whether the plaintiff is entitled to recovery of possession of the suit flat from the defendants based on her title under Section 5 of the Specific Relief Act, 1963.
Final Decision
The court allowed the suit for recovery of possession of the suit flat from defendant Nos.1, 2, and 3 based on the plaintiff's title.
Law Points
- Section 5 of the Specific Relief Act
- 1963
- Recovery of possession based on title
- Burden of proof on plaintiff to show title
- Registered sale deed as proof of title
- Share certificate as evidence of membership in co-operative society
Case Details
2010 LawText (BOM) (06) 90
Mrs. J.M. Sidhawa i/by Joseph & Associates for Plaintiff, Mr. A.M. Saraogi with Ms. Seema Gupta for Defendant Nos.1 to 3
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Nature of Litigation
Civil suit for recovery of possession of immovable property based on title.
Remedy Sought
Plaintiff seeks recovery of possession of flat No.18/A in Sparsh Co-operative Housing Society from defendant Nos.1, 2, and 3.
Filing Reason
Plaintiff claims ownership of the suit flat and alleges that defendants are in occupation without any right.
Issues
Whether the plaintiff has proved her title to the suit flat?
Whether the plaintiff is entitled to recovery of possession from the defendants under Section 5 of the Specific Relief Act, 1963?
Submissions/Arguments
Plaintiff argued that she is the owner of the suit flat based on a registered sale deed dated 21.8.1992 and a share certificate from the society.
Defendants did not produce any evidence to show a better title or right to possession.
Ratio Decidendi
Under Section 5 of the Specific Relief Act, 1963, a person entitled to possession of specific immovable property may recover it by a suit based on title. The plaintiff proved her title through a registered sale deed and share certificate, and the defendants failed to show any superior right. Therefore, the plaintiff is entitled to recovery of possession.
Judgment Excerpts
The Plaintiff has sued for recovery of possession of flat No.18/A in Sparsh Co-operative Housing Society ... on title under Section 5 of the Specific Relief Act.
She has shown her title under the Deed of Sale dated 21.8.1992 produced by her in evidence along with the share certificate issued by Sparsh Co-operative Housing Society showing the admission of the Plaintiff's proprietary concern as a member upon the shares being transferred to her on and from 14.3.1992.
Procedural History
The suit was filed in 2004. Judgment was reserved on 10th June 2010 and pronounced on 24th June 2010.
Acts & Sections
- Specific Relief Act, 1963: Section 5
