SANT LAL JAIN versus AVTAR SINGH

SANT LAL JAIN versus AVTAR SINGH

Suit for mandatory injunction, though framed as such, is in effect a suit for possession; after revocation of licence, licensee must surrender possession and cannot claim title acquired subsequently in defence; delay in filing suit, if minimal or justified, does not disentitle relief; appellant is entitled to recover possession as licensee's possession is that of a trespasser post revocation.

Parties
Appellant: Sant Lal; Respondent: Avtar Singh
Jurisdiction
India
Judgment Date
12 March 1985
Procedural Posture
Civil Appeal / Final Judgment on Appeal by Special Leave
Outcome
appeal allowed
Legal Topics
Mandatory Injunction, Licence Versus Tenancy, Eviction, Title Acquisition During Litigation, East Punjab Rent Restriction Act
Property Law Landlord Tenant Law Civil Procedure Mandatory Injunction Licence Versus Tenancy Eviction Title Acquisition During Litigation East Punjab Rent Restriction Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Sant Lal

Appellant

Avtar Singh

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal by Special Leave

Legal Issues

  1. 1 Whether a suit for mandatory injunction directing a licensee to vacate the premises is maintainable after expiry and revocation of licence
  2. 2 Whether delay in filing the suit disentitles the appellant to relief
  3. 3 Whether purchase of property by licensee during litigation precludes eviction based on earlier licence

Ratio Decidendi

Suit for mandatory injunction, though framed as such, is in effect a suit for possession; after revocation of licence, licensee must surrender possession and cannot claim title acquired subsequently in defence; delay in filing suit, if minimal or justified, does not disentitle relief; appellant is entitled to recover possession as licensee's possession is that of a trespasser post revocation.

Court Disposition

appeal allowed

Orders

  • Respondent to deliver possession of property to appellant forthwith
  • Appellant may execute decree to obtain possession if respondent fails to comply