Supreme Court of India

Balkrishna Dattatraya Galande v. Balkrishna Rambharose Gupta and Another

Neutral citation
Reported as [2019] 2 S.C.R. 791
Bench R. Banumathi and R. Subhash Reddy JJ.
Decided 6 February 2019

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

In the result, the impugned judgment dated 23.0 6.2016 passed by the High Court in Writ Petition No.6873/2 016 is set aside and this appeal is allowed.

Judgment, page 11

From the headnote

Specific Relief Act, 1963: s. 38 – Suit under – Seeking permanent injunction a gainst the defendant – Claiming to be in actual possession of the suit property being the tenant thereof – Defendant-Landl ord’s case was that there was no relationship of tenant-landlo rd between the parties since the 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 possession – Hig h Court

Where later benches applied it

Of those, 1 referred to

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