KANCHUSTHABAM SATYANARAYANA AND ORS. versus NAMUDURI ATCHUTARAMAYYA AND ORS.

KANCHUSTHABAM SATYANARAYANA AND ORS. versus NAMUDURI ATCHUTARAMAYYA AND ORS.

Equitable relief, such as an injunction, ought not to be granted in favor of a party who is guilty of inequitable conduct by first invoking and benefitting from the jurisdiction of tenancy authorities, and then seeking to defeat the restitution ordered when the outcome turns unfavourable. Even assuming the civil suit was maintainable, the relief sought should not be granted under the circumstances.

Parties
Appellant Lessor: Kanchusthabam Satyanarayana and ors.; Respondent Tenant: Namuduri Atchutaramayya and ors.
Jurisdiction
India
Judgment Date
22 February 2005
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court
Outcome
Appeals dismissed
Legal Topics
Equitable Relief, Injunction, Restitution, Jurisdiction Under Tenancy Act
Equity Tenancy Law Civil Procedure Equitable Relief Injunction Restitution Jurisdiction Under Tenancy Act

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Parties

Kanchusthabam Satyanarayana and ors.

Appellant Lessor

Namuduri Atchutaramayya and ors.

Respondent Tenant

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From High Court

Legal Issues

  1. 1 Whether the relief of permanent injunction, being an equitable relief, should be granted to the lessor who sought to defeat restitution ordered under the Andhra Pradesh Tenancy Act, 1956
  2. 2 Whether the Civil Court had jurisdiction to entertain the suit for injunction in view of Section 18 of the Andhra Pradesh Tenancy Act, 1956

Ratio Decidendi

Equitable relief, such as an injunction, ought not to be granted in favor of a party who is guilty of inequitable conduct by first invoking and benefitting from the jurisdiction of tenancy authorities, and then seeking to defeat the restitution ordered when the outcome turns unfavourable. Even assuming the civil suit was maintainable, the relief sought should not be granted under the circumstances.

Court Disposition

Appeals dismissed

Orders

  • No interference by Supreme Court in exercise of jurisdiction under Article 136; view of High Court is upheld.
  • Respondent-tenant is at liberty to seek possession of the land in question in accordance with law.