Case Note & Summary
The petitioner, M/s. Meher Farms Pvt. Ltd., filed a writ petition challenging an order of the Adhoc District Judge-1 (FTC) North Goa, Panaji, dated 14.07.2015, which dismissed their appeal against rejection of a temporary injunction application. The petitioner had taken agricultural land admeasuring 1,77,113 square metres at Village Uguem from the respondent society under a registered lease deed dated 26.07.1979, effective from 01.07.1978, for cultivation and dairy farming. The lease expired on 30.06.1996 and was not renewed, but the petitioner claimed continued possession and had set up a cheese factory with machinery and obtained permissions. In September 2013, some persons allegedly started ploughing the land, prompting a police complaint. The petitioner sought a temporary injunction to restrain the respondent from interfering with possession. The trial court rejected the injunction, and the appellate court dismissed the appeal. The High Court, after hearing counsel, held that the petitioner failed to establish a prima facie case as the lease had expired and possession was not sufficiently proven. The court found that the balance of convenience did not favor granting the injunction and that no irreparable loss would be caused. Consequently, the writ petition was dismissed.
Headnote
A) Civil Procedure - Temporary Injunction - Prima Facie Case - Order 39 Rules 1 and 2, Code of Civil Procedure, 1908 - The plaintiff sought injunction to protect possession after lease expiry - Court held that plaintiff failed to establish prima facie case as lease had expired and possession was not sufficiently proved - Held that balance of convenience did not favor grant of injunction (Paras 3-6).
Issue of Consideration
Whether the plaintiff is entitled to a temporary injunction restraining the defendant from interfering with possession of the suit property after expiry of the lease.
Final Decision
Writ petition dismissed; order of Adhoc District Judge-1 (FTC) North Goa, Panaji, dated 14.07.2015 upheld.
Law Points
- Temporary injunction
- prima facie case
- balance of convenience
- irreparable loss
- lease expiry
- possession after lease
- Order 39 Rules 1 and 2 CPC
Case Details
WRIT PETITION NO. 837 OF 2015
Ms. A. A. Agni, Senior Advocate with Ms. K. Govekar for Petitioners; Mr. A. D. Bhobe for Respondents
M/s. Meher Farms Pvt. Ltd.
Sociedade Patriotica Dos Baldios Das Novas Conquistas
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Nature of Litigation
Writ petition challenging dismissal of appeal against rejection of temporary injunction application.
Remedy Sought
Petitioner sought temporary injunction restraining respondent from interfering with possession of suit property.
Filing Reason
Petitioner claimed possession after lease expiry and alleged interference by respondent in September 2013.
Previous Decisions
Trial court rejected temporary injunction; appellate court dismissed appeal on 14.07.2015.
Issues
Whether the plaintiff has a prima facie case for grant of temporary injunction.
Whether the balance of convenience lies in favor of the plaintiff.
Whether the plaintiff would suffer irreparable loss if injunction is not granted.
Submissions/Arguments
Petitioner argued that they were in continuous possession after lease expiry and had set up a cheese factory with heavy expenditure.
Respondent contended that lease had expired and petitioner failed to prove possession.
Ratio Decidendi
For grant of temporary injunction, plaintiff must establish prima facie case, balance of convenience in its favor, and irreparable loss. In this case, plaintiff failed to establish prima facie case as lease had expired and possession was not sufficiently proved.
Judgment Excerpts
The present Writ Petition is filed by the original Plaintiffs challenging the Order passed by the Adhoc District Judge-1 (FTC) North Goa, Panaji, in Misc. Civil Appeal no, 46 of 2014 dated 14.07.2015, by which the Appeal of the Plaintiffs against the Order of rejection of the temporary injunction application filed by the learned Trial Court is dismissed.
Procedural History
Plaintiff filed suit for injunction and temporary injunction application in trial court; trial court rejected injunction; plaintiff appealed to District Court; appeal dismissed on 14.07.2015; plaintiff filed writ petition in High Court.
Acts & Sections
- Code of Civil Procedure, 1908: Order 39 Rules 1 and 2
