Case Note & Summary
The appellant, Cian De Souza, filed a suit under Section 6 of the Specific Relief Act, 1963, seeking vacation and peaceful possession of Flat No.4, Habib House, Ground Floor, Ram Nagar, Dr. Ambedkar Road, Byculla, Mumbai, from the respondents, Arun Gunjal and Mrs. Vimal Arun Gunjal. She claimed that she was in exclusive possession of the flat and was dispossessed by the respondents on 7th August 2002. Her mother had been inducted as a tenant by the landlord, Mr. Rajkumar J. Kapur, in February 1970, and the appellant lived with her mother during her lifetime and continued to reside there after her mother's death. The trial court dismissed the suit, leading to this appeal. The High Court, after hearing both sides, allowed the appeal, holding that the appellant had proved her prior possession and dispossession without consent, and thus was entitled to a decree for possession under Section 6 of the Specific Relief Act. The court set aside the trial court's order and decreed the suit in favor of the appellant.
Headnote
A) Specific Relief Act - Suit for Possession under Section 6 - Summary Remedy - The suit under Section 6 of the Specific Relief Act, 1963 is a summary proceeding where only prior possession and dispossession without consent need be proved; title is irrelevant. The court held that the appellant had established her prior possession and dispossession on 7th August 2002, and thus was entitled to a decree for possession. (Paras 2-5)
Issue of Consideration
Whether the appellant was entitled to a decree for possession under Section 6 of the Specific Relief Act, 1963, based on her prior possession and alleged dispossession by the respondents.
Final Decision
Appeal allowed. The judgment and order of the trial court are set aside. The suit is decreed in favor of the appellant for possession of the suit flat.
Law Points
- Section 6 of Specific Relief Act
- 1963
- Suit for possession based on prior possession
- Dispossession without consent
- Summary suit
- Title not relevant
