Case Note & Summary
The Petitioners (Original Plaintiffs) filed a suit for declaration of ownership and possession and for perpetual injunction against the Respondents in respect of agricultural lands. The Plaintiffs claimed that their predecessor had obtained possession of portions of the lands in 1968 pursuant to a tenancy order under Section 33-B of the Bombay Tenancy and Agricultural Lands Act, 1948, and that mutation entries were certified in their favour. The Defendants claimed possession based on subsequent revenue entries. The Trial Court granted an interim injunction in favour of the Plaintiffs, but the Appellate Court vacated it. The High Court, in a writ petition under Article 227, set aside the Appellate Court's order and restored the Trial Court's injunction. The Court held that the Plaintiffs had a prima facie case based on the tenancy order and possession receipt, and that the Defendants' claim based on subsequent revenue entries could not override the tenancy order without challenging it. The balance of convenience was in favour of the Plaintiffs, and they would suffer irreparable loss if the injunction was not granted.
Headnote
A) Civil Procedure - Interim Injunction - Prima Facie Case - The Plaintiffs claimed possession based on a tenancy order and mutation entries; the Defendants claimed possession based on subsequent revenue entries. The Trial Court granted injunction, but the Appellate Court vacated it. The High Court held that the Appellate Court erred in reversing the Trial Court's order without considering that the Plaintiffs had a prima facie case based on the tenancy order and possession receipt, and that the Defendants' claim was based on subsequent entries which could not override the tenancy order. (Paras 1-16)
B) Tenancy Law - Possession Under Tenancy Order - Effect of Mutation Entries - Once possession is delivered pursuant to a tenancy order under Section 33-B of the Bombay Tenancy and Agricultural Lands Act, 1948, subsequent mutation entries in favour of the tenant cannot be used to claim possession again without challenging the tenancy order. The High Court restored the Trial Court's injunction, holding that the balance of convenience was in favour of the Plaintiffs. (Paras 4-16)
Issue of Consideration
Whether the Appellate Court was justified in vacating the interim injunction granted by the Trial Court in favour of the Plaintiffs, who claimed possession based on a tenancy order and mutation entries, when the Defendants claimed possession based on subsequent revenue entries.
Final Decision
The High Court allowed the writ petition, set aside the order dated 4th October 2017 passed by the District Judge-3, Satara, and restored the order dated 6th May 2017 passed by the 7th Joint Civil Judge, Junior Division, Satara, granting interim injunction in favour of the Plaintiffs.
Law Points
- Interim injunction
- prima facie case
- balance of convenience
- irreparable loss
- possession under tenancy order
- mutation entries
- Section 33-B Bombay Tenancy and Agricultural Lands Act
- 1948
- Article 227 Constitution of India
Case Details
WRIT PETITION NO.11550 OF 2017
Dr. Shalini Phansalkar-Joshi, J.
Mr. Dhananjayrao D. Rananaware for the Petitioners, Mr. Vijay D. Patil for the Respondents
Pramila Balasaheb Bhintade & Ors.
Anusaya Sarjerao Gujar & Ors.
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Nature of Litigation
Civil writ petition challenging the order of the District Judge allowing the appeal and vacating the interim injunction granted by the Trial Court.
Remedy Sought
The Petitioners sought to set aside the order dated 4th October 2017 passed by the District Judge-3, Satara, and restore the order dated 6th May 2017 passed by the 7th Joint Civil Judge, Junior Division, Satara, granting interim injunction.
Filing Reason
The Petitioners claimed that the Appellate Court erred in vacating the interim injunction granted by the Trial Court, as they had a prima facie case based on the tenancy order and possession receipt.
Previous Decisions
The Trial Court (7th Joint Civil Judge, Junior Division, Satara) allowed the application for interim injunction at Exhibit-5 in Regular Civil Suit No.480 of 2014 on 6th May 2017. The Appellate Court (District Judge-3, Satara) allowed Miscellaneous Civil Appeal No.96 of 2017 and vacated the injunction on 4th October 2017.
Issues
Whether the Appellate Court was justified in reversing the Trial Court's order granting interim injunction without properly considering the prima facie case, balance of convenience, and irreparable loss.
Whether the Plaintiffs' possession based on a tenancy order and mutation entries could be defeated by subsequent revenue entries in favour of the Defendants.
Submissions/Arguments
The Petitioners argued that they had a prima facie case based on the tenancy order and possession receipt, and that the Appellate Court erred in relying on subsequent revenue entries without considering that the tenancy order had not been challenged.
The Respondents argued that they were in possession based on subsequent revenue entries and that the Plaintiffs had not proved their possession.
Ratio Decidendi
The Appellate Court erred in reversing the Trial Court's order granting interim injunction without considering that the Plaintiffs had a prima facie case based on the tenancy order and possession receipt, and that the Defendants' claim based on subsequent revenue entries could not override the tenancy order without challenging it. The balance of convenience was in favour of the Plaintiffs, and they would suffer irreparable loss if the injunction was not granted.
Judgment Excerpts
The Petitioners herein are the Original Plaintiffs, who had filed the Suit for declaration that, they are the owners and in possession of the suit property and for perpetual injunction, restraining the Respondents from creating obstruction to their peaceful possession over the suit property.
The case of the Petitioners is that, the agricultural lands... were owned by them. The predecessor of the Respondents, namely, 'Bajirao Khetri Gujar' was the protected tenant in the said lands.
The Petitioners' predecessor had, therefore, filed Tenancy Case No.54 of 1962, under Section 33-B of the Bombay Tenancy and Agricultural Lands Act, 1948, for recovery of possession of the agricultural lands... The said proceedings were decided in favour of the Petitioners' predecessor on 31st July 1962 and the Respondents' predecessors were directed to handover possession of the said portion of the lands.
As per the Petitioners, the possession of the said portions of the lands... was, accordingly, delivered to them in the year 1968 by executing the Possession Receipt (Kabjepatti).
Procedural History
The Petitioners filed Regular Civil Suit No.480 of 2014 in the Court of 7th Joint Civil Judge, Junior Division, Satara, seeking declaration and injunction. The Trial Court granted interim injunction on 6th May 2017. The Respondents filed Miscellaneous Civil Appeal No.96 of 2017 before the District Judge-3, Satara, which was allowed on 4th October 2017, vacating the injunction. The Petitioners then filed the present writ petition under Article 227 of the Constitution of India before the Bombay High Court, which was allowed on 11th January 2018.
Acts & Sections
- Bombay Tenancy and Agricultural Lands Act, 1948: 33-B
- Constitution of India: 227
