Case Note & Summary
The case involves a suit for permanent injunction filed by the respondent (original plaintiff) against the appellant, International Airports Authority of India (IAAI), seeking to restrain the appellant from disturbing the plaintiff's exclusive possession over a total area of 7840.35 sq. meters comprising CTS Nos. 289, 270, and 271 at Asalfa Village, Ghatkopar (West), Bombay. The plaintiff claimed to be in exclusive use and occupation of the land, with only a small structure of 20x60 sq. ft. The suit was filed because the defendant started constructing a boundary wall over the area, which the plaintiff alleged was a disturbance of possession. The defendant's defence was that an award dated 31.10.1959 was passed by the Special Land Acquisition Officer (SLAO), Bombay Suburban District, acquiring portions of the land: 329 sq. meters from CTS No. 270, 1543 sq. meters from CTS No. 271, and 885 sq. meters from CTS No. 289. The trial court decreed the suit in favor of the plaintiff, leading to the appeal by IAAI. The High Court, after hearing both sides, dismissed the appeal, upholding the trial court's decree. The court found that the plaintiff had established his possession and that the defendant failed to prove the acquisition or its right to interfere. The judgment emphasizes that possession is a substantive right and can be protected against all except the true owner.
Headnote
A) Property Law - Possession - Permanent Injunction - Suit for injunction based on prior possession - Plaintiff claimed exclusive possession of land and sought to restrain defendant from constructing boundary wall - Trial court decreed suit - Held that plaintiff's long possession and defendant's failure to prove acquisition justified decree (Paras 2-3).
Issue of Consideration
Whether the plaintiff's possession over the suit property was established and whether the defendant's claim of acquisition by the government was valid.
Final Decision
Appeal dismissed. The decree of the trial court granting permanent injunction in favor of the plaintiff is upheld.
Law Points
- Possession
- Acquisition
- Injunction
- Burden of Proof
- Title
Case Details
2005 LawText (BOM) (04) 129
First Appeal No. 129 of 1995
Mr. R. R. Salvi i/b M/s. M. V. Kini & Co. for the Appellants; Mr. P. K. Dhakephalkar with Karale for the Respondents
International Airports Authority of India
Shri Bhimrao Chandappa Dasar
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Nature of Litigation
Civil suit for permanent injunction
Remedy Sought
Plaintiff sought permanent injunction restraining defendants from disturbing his exclusive possession of suit property
Filing Reason
Defendants started construction of boundary wall over the suit property, which plaintiff alleged was disturbance of his possession
Previous Decisions
Trial court decreed the suit in favor of plaintiff
Issues
Whether the plaintiff proved his exclusive possession over the suit property?
Whether the defendant's claim of acquisition by the government was valid and sufficient to defeat the plaintiff's possession?
Submissions/Arguments
Appellant argued that the land was acquired by award dated 31.10.1959 and thus the plaintiff had no right
Respondent argued that he was in long-standing possession and the acquisition was not proved
Ratio Decidendi
Possession is a substantive right that can be protected against all except the true owner. The burden of proving acquisition or superior title lies on the party asserting it. In this case, the defendant failed to prove the acquisition, and the plaintiff's long possession was established.
Judgment Excerpts
Heard counsel for the appellants and the Respondents.
Respondents are original defendants in the suit filed by the plaintiffs - Respondents for permanent injunction restraining the defendants from disturbing its exclusive possession of the suit property.
The defence of the defendants was that award dated 31.10.1959 came to be passed by the SLAO, Bombay Suburban District, Bombay, of each plot of land bearing Survey No.2, Hissa No.14 i.e. CTS No.270 admeasuring 329 sq. meters, Survey No.13 CTS No.271 admeasuring 1543 sq. meters out of the total area and Hissa No.15 CTS 289 admeasuring 885 sq. meters.
Procedural History
The plaintiff filed a suit for permanent injunction in the trial court. The trial court decreed the suit. The defendant (International Airports Authority of India) appealed to the High Court. The High Court dismissed the appeal.
