Supreme Court · 2019 INSC 153 · Decided 6 February 2019
Balkrishna Dattatraya Galande v. Balkrishna Rambharose Gupta and Another
- Court
- Supreme Court of India
- Citation
- 2019 INSC 153 · [2019] 2 S.C.R. 791
- Case number
- CIVIL APPEAL No. 1509/2019
- Decided
- 6 February 2019
- Bench
- R. BANUMATHI, R. SUBHASH REDDY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Specific Relief Act Section 38
Headnote
Specific Relief Act, 1963: s. 38 - Suit under - Seeking permanent injunction against the defendant - Claiming to be in actual possession of the suit property being the tenant thereof - Defendant-Landlord's case was that there was no relationship of tenant-landlord year 1991 when the tenant had vacated the premises pursuant to a settlement entered in a suit - Trial court dismissed the suit on the ground that the plaintiff failed to prove his possession - First appellate court decreed the suit holding that the plaintiff established his
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