Case Note & Summary
The respondent/plaintiff, Wilfred Fernandes, proprietor of M/s. Jesuwil Travel and Tours, filed a suit for mandatory and perpetual injunction against the appellant/defendant, Umesh Bondre. The plaintiff claimed that he had purchased the equipment and movables of a bar and restaurant from John Daniel, who had obtained possession of the suit premises from the defendant. The plaintiff paid Rs. 50,000 and took possession of the articles and keys. However, on 24/05/1996, the defendant wrongfully locked the premises and removed a water pump and overhead water tank. The trial court decreed the suit, directing the defendant to remove the locks and restore possession. The defendant appealed. The High Court, after hearing the parties and perusing the record, found no merit in the appeal. The court noted that the defendant had no right to dispossess the plaintiff without due process of law. The appeal was dismissed with costs.
Headnote
A) Civil Procedure - Appeal against decree - Mandatory and Perpetual Injunction - Suit for mandatory and perpetual injunction - The appellant/defendant challenged the decree passed by the trial court directing him to remove locks and restore possession of the suit premises to the respondent/plaintiff. The High Court held that the trial court's findings were based on evidence and no interference was warranted. (Paras 1-4) B) Property Law - Possession - Trespass - Wrongful Locking - The respondent/plaintiff claimed possession of the suit premises through an agreement with John Daniel, who had obtained possession from the appellant/defendant. The appellant/defendant locked the premises and removed fixtures. The court held that the appellant/defendant had no right to dispossess the respondent/plaintiff without due process. (Paras 3-4)
Issue of Consideration
Whether the trial court was justified in decreeing the suit for mandatory and perpetual injunction against the defendant?
Final Decision
Appeal dismissed with costs. The judgment and order of the trial court are confirmed.
Law Points
- Mandatory injunction
- perpetual injunction
- possession
- trespass
- civil suit
- appeal against decree
