SAMARPAN VARISHTHA JAN PARISAR & ORS. versus RAJENDRA PRASAD AGARWAL & ORS.

SAMARPAN VARISHTHA JAN PARISAR & ORS. versus RAJENDRA PRASAD AGARWAL & ORS.

Inmates permitted to stay in the old age home are licensees whose possession is permissive and creates no proprietary or tenancy interest; they have the right to stay only so long as they comply with the terms of the licence, and cannot obtain an injunction to prevent dispossession once the licence is validly...

Source-derived case information.

Parties
Appellant: Samarpan Varishtha Jan Parisar & Ors.; Respondent: Rajendra Prasad Agarwal & Ors.
Jurisdiction
India
Judgment Date
06 May 2022
Procedural Posture
Civil Appeal / Final Judgment on Appeal (supreme Court)
Outcome
Appeal allowed; interim injunction granted by the High Court set aside.
Legal Topics
Licensee Possession, Revocation of Licence, Interim Injunction, Rights of Inmates in Old Age Homes
Property Law Easements Act, 1882 Licences Injunctions Licensee Possession Revocation of Licence Interim Injunction Rights of Inmates in Old Age Homes

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Parties

Samarpan Varishtha Jan Parisar & Ors.

Appellant

Rajendra Prasad Agarwal & Ors.

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal (supreme Court)

Legal Issues

  1. 1 Whether inmates of an old age home hold possession as licensees or have any proprietary/tenancy right
  2. 2 Whether licensees can seek injunction to restrain dispossession after termination of licence
  3. 3 Whether the High Court was correct in restoring the interim injunction

Ratio Decidendi

Inmates permitted to stay in the old age home are licensees whose possession is permissive and creates no proprietary or tenancy interest; they have the right to stay only so long as they comply with the terms of the licence, and cannot obtain an injunction to prevent dispossession once the licence is validly terminated. Therefore the High Court’s grant/restoration of interim injunction was legally impermissible and is set aside.

Court Disposition

Appeal allowed; interim injunction granted by the High Court set aside.

Orders

  • Appeal allowed
  • Ad-interim injunction sought by the plaintiffs-respondents stands dismissed