Case Note & Summary
The plaintiffs, a proposed co-operative society of flat purchasers in Girnar Tower, filed a suit for permanent injunction against the defendants, including the rehabilitated tenants' society and the builder, alleging encroachment and trespass on a suit plot (CTS No.2/124) used for access and parking. The plaintiffs claimed exclusive possession based on the builder's representation and agreement. The court examined the SRA scheme and lease documents, finding that the suit plot was not part of the lease granted to the plaintiffs. The plaintiffs failed to show any legal right to exclusive possession or title. The court noted that the builder had no authority to transfer possession of the suit plot to the plaintiffs. The balance of convenience did not favour granting an interim injunction, as the defendants had not interfered with the plaintiffs' use of the suit plot for access. The court dismissed the notice of motion, holding that the plaintiffs did not make out a prima facie case for interim relief.
Headnote
A) Civil Procedure - Interim Injunction - Prima Facie Case - The plaintiffs sought interim injunction to protect possession of suit plot claimed as access and parking. Court held that plaintiffs failed to establish prima facie case of exclusive possession or title, as documents showed the plot was not part of the lease in their favour and ownership remained with defendants. (Paras 1-14)
B) Property Law - Possession - Title - The plaintiffs claimed exclusive possession of suit plot based on agreement with builder. Court found that the suit plot was not included in the lease deed executed in favour of plaintiff society, and the plaintiffs had no legal right to exclusive possession. (Paras 5-10)
C) Slum Rehabilitation - Lease - Rights of Flat Purchasers - Under the SRA scheme, the plaintiffs were entitled only to lease of the plot on which the building stood, not the adjacent suit plot. The builder's representation regarding access did not confer title or exclusive possession. (Paras 2-6)
Issue of Consideration
Whether the plaintiffs are entitled to an interim injunction restraining the defendants from encroaching upon or interfering with the suit property pending the suit.
Final Decision
Notice of Motion dismissed. No interim injunction granted. Plaintiffs to pay costs of Rs. 25,000 to each of the defendants.
Law Points
- Prima facie case
- balance of convenience
- irreparable loss
- interim injunction
- possession
- title
- co-operative housing society
- slum rehabilitation scheme
Case Details
2014 LawText (BOM) (07) 102
Notice of Motion No. 316 of 2014 in Suit No. 225 of 2014
Mr. Shyam Mehta, Senior Advocate with Mr. K.G. Munshi with Mr. Ish Jain and Ms. Neeta Solanki i/b. M/s. Kiran Jain & Co. for Plaintiffs; Mr. Chetan Kapadia i/b. Mr. Pankaj Bafna for Defendant No.1; Mr. Dinyar Madon, Senior Advocate with Mr. Ankit Lohya with Miss Kausal Banatwala i/b. Mr. Tushar Goradia for Defendant Nos.2, 3 and 4.
M/s. Girnar Residency Co-operative Housing Society Ltd. (Proposed) & Ors.
M/s. Shradha Co-operative Housing Society Limited & Ors.
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Nature of Litigation
Civil suit for permanent injunction and interim injunction restraining defendants from encroaching, trespassing, or interfering with suit property.
Remedy Sought
Plaintiffs sought interim injunction restraining defendants from encroaching upon or interfering with suit plot (CTS No.2/124) and from demolishing wall enclosing it.
Filing Reason
Plaintiffs alleged that defendants attempted forcible trespass and dispossession, and damaged wall enclosing suit plot.
Issues
Whether the plaintiffs have a prima facie case for exclusive possession of the suit plot.
Whether the balance of convenience lies in favour of granting interim injunction.
Submissions/Arguments
Plaintiffs argued that they were in exclusive possession of suit plot based on builder's representation and agreement, and that defendants attempted to dispossess them.
Defendants contended that suit plot was not part of lease in favour of plaintiffs, and plaintiffs had no legal right to exclusive possession.
Ratio Decidendi
For an interim injunction, the plaintiff must establish a prima facie case, balance of convenience in its favour, and irreparable loss. Here, plaintiffs failed to show prima facie case of exclusive possession or title over suit plot, as documents indicated the plot was not leased to them and ownership remained with defendants.
Judgment Excerpts
The present suit is filed by the Plaintiffs for a permanent injunction against the Defendants restraining the Defendants from encroaching and / or trespassing upon the suit property...
Plaintiff No.1 is a proposed co-operative society of flat purchasers in a sale building 'Girnar Tower' constructed as part of a Slum Rehabilitation Scheme.
The dispute in the present suit mainly concerns the adjacent plot, namely, plot bearing CTS No.2/124.
It is the Plaintiffs' case that the Plaintiffs have always been in exclusive possession of the suit plot...
The Court held that the plaintiffs failed to establish a prima facie case for exclusive possession or title.
Procedural History
Suit No. 225 of 2014 filed by plaintiffs for permanent injunction. Notice of Motion No. 316 of 2014 taken out for interim injunction. Heard on 7 July 2014 and dismissed.
Acts & Sections
- Code of Civil Procedure, 1908: Order 39 Rules 1 and 2
