Law: Specific Relief Act (I of 1877)

Section: 54

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX, Rr.l, 2

(a) Specific Relief Act (I of 1877) S. 54‑‑‑Civil Procedure Code (V of 1908), O.XXXIX, Rr.l & 2‑‑‑‑Suit for perpetual injunction‑‑‑Grant of interim relief‑‑‑Vacation of order of interim relief‑‑‑Claim of plaintiff was that his father had entered into possession of the suit‑land and since many years back he had made improvements in the shape of construction of houses wherein he was living alongwith his family‑‑‑Plaintiff had prayed that he should, not be dispossessed from the suit‑land except through lawful means and his possession could not be disturbed by unlawful means‑‑‑Possession of the plaintiff and his father over the suit‑land was admitted by the defendants, but they had claimed that the possession of the plaintiff on the suit‑land was that of a trespasser‑‑ Plaintiff having possessory title, though permissive in nature over the suit‑land wherein he had made improvements in the shape of construction of houses and was living therein since long, would. not be debarred from seeking requisite relief from the Court of competent jurisdiction‑‑‑Even a trespasser who was in occupation of a certain land or in the house built therein, could not be ejected from the said property except in due course of law‑‑‑Law would not recognise the unlawful and unfair means for the ejectment of a person who was in use of property‑‑‑Interim relief was rightly granted to the plaintiff by the Trial Court‑‑‑Appellate Court and High Court were not justified in observing that plaintiff was a trespasser in the suit‑land and no interim relief could have been granted to him‑‑‑Judgments passed by the High Court and Appellate Court below, were set aside, in circumstances. (b) Civil Procedure Code (V of 1908) ‑O. VII, R.I‑‑‑Plaint‑‑‑Cause of action‑‑ Averments made in the plaint were to be presumed to be correct for the purpose of giving cause of action to a Court of law and it was to be decided ultimately after the conclusion of the trial as to whether plaintiff had any cause of action to file the suit against the defendants. (c) Civil Procedure Code (V of 1908) O. XXXIX, Rr.l & 2‑‑‑Grant of stay order‑‑‑Points to be considered‑‑‑Court of law was not expected to examine closely…