Case Note & Summary
The plaintiff, Princeton Universal LLP, is the owner of a bungalow property in Santacruz, Mumbai, acquired by a registered conveyance deed dated 14 December 2012. The defendant, Sadhana Nayyar, is a tenant of the ground floor flat in the bungalow. The defendant claimed that she had been using the garden adjoining her flat for over 50 years, and produced water bills from the municipality showing water connections in both her flat and the garden, with the oldest bill from 30 June 1983 in the name of the original owner care of the defendant's father. The plaintiff sought access to the garden as part of its ownership rights. The court considered the interim application (Notice of Motion No.186 of 2014) and held that the defendant had prima facie shown long-standing user and maintenance of the garden for at least 30 years. The court found that the plaintiff's claim for access to the garden could not be granted at this stage, as the defendant's user appeared to be a right of easement or part of her tenancy rights. The balance of convenience was in favor of the defendant, and the plaintiff would not suffer irreparable injury if denied access to the garden pending the suit. The court therefore granted an interim injunction restraining the plaintiff from interfering with the defendant's use of the garden.
Headnote
A) Property Law - Tenant's Rights - Prescriptive Easement - Garden Use - The defendant tenant claimed exclusive use of the garden adjoining her flat for over 50 years, supported by water bills from 1983 showing connection in the garden. The court held that the plaintiff landlord's claim for access to the garden could not be granted at the interim stage due to the defendant's long-standing user, which prima facie established a right of easement or tenancy right. (Paras 3-7) B) Civil Procedure - Interim Injunction - Balance of Convenience - The court found that the balance of convenience was in favor of the defendant, who had used and maintained the garden for decades, and that the plaintiff would not suffer irreparable injury if denied access to the garden pending trial. (Paras 7-8)
Issue of Consideration
Whether the plaintiff-landlord is entitled to access and use of the garden adjoining the defendant-tenant's flat, which the defendant has been using for over 30 years, pending the suit.
Final Decision
The court granted an interim injunction restraining the plaintiff from interfering with the defendant's use of the garden adjoining her flat, pending the disposal of the suit.
Law Points
- Tenant's long-standing user of garden
- Prescriptive right of easement
- Prima facie case for injunction
- Balance of convenience
- Irreparable injury
