Recovery of possession of immovable property

Recovery of possession of immovable property—Suit for mandatory injunction—It must be the endeavour of the Court that if a suit for mandatory injunction is filed, then it is its bounden duty and obligation to critically examine the pleadings and documents and pass an order of injunction while taking pragmatic realities including prevalent market rent of similar premises in similar localities in consideration—The Court’s primary concern has to be to do substantial justice—Even if the Court in an extraordinary case decides to grant ex-parte ad interim injunction in favour of the plaintiff who does not have a clear title, then at least the plaintiff be directed to give an undertaking that in case the suit is ultimately dismissed, then he would be required to pay market rent of the property from the date when an ad interim injunction was obtained by him—It is the duty and the obligation of the Court to at least dispose off application of grant of injunction as expeditiously as possible—It is the demand of equity and justice—Specific Relief Act, 1963, Section 39—Civil Procedure Code, 1908, Order 39, Rules 1 and 2.


File Name:- SC_MAY 2012_3
Citation: - 2012 APEX LAW JOURNAL.COM (S.C.) 577