2019 (2) TMI 2014 - SC - Indian Laws

Possession of suit property - decree for permanent prohibitory injunction restraining the Defendant No. 1 from causing any interference on any portion of suit premises/Shop - Section 6 of the Specific Relief Act - HELD THAT - A reading of proviso added by 1999 amendment to the Code of Civil Procedure will show that after 1999 revision petitions filed Under Section 115 Code of Civil Procedure are not maintainable against interlocutory orders - Even otherwise it is well settled that the revisional jurisdiction Under Section 115 Code of Civil Procedure is to be exercised to correct jurisdictional errors only. Since the suit filed is a Section 6 suit which is a summary proceeding in itself the trial Court should endeavour to dispose of the Suit itself within a period of six months from today. The appeal is allowed.

Summary

Issues Involved:
- Interpretation of a Civil Suit filed under Section 6 of the Specific Relief Act
- Dispute over possession of a shop and partnership deed
- Legal validity of a revision petition under Section 115 of the Code of Civil Procedure
- Application of guidelines for granting interlocutory mandatory injunctions

Interpretation of Civil Suit under Section 6 of the Specific Relief Act:
The Respondent filed a Civil Suit claiming possession of a shop based on a partnership deed with the owner. The Appellant, denying the claims, asserted possession as a tenant since 2004. The landlady confirmed the tenancy but also mentioned the partnership. The appellate Court found the Respondent to be the tenant since 2004, highlighting the connivance between the Respondent and landlady. The Court emphasized that the Respondent had a prima facie case and balance of convenience favored her.

Dispute over Possession of a Shop and Partnership Deed:
The judgment detailed the history of possession and tenancy of the shop, emphasizing the importance of the partnership deed and rental agreement. The appellate Court's findings favored the Respondent's possession rights based on the evidence presented, highlighting the lack of evidence of eviction or surrender of possession by the Appellant.

Legal Validity of a Revision Petition under Section 115 of the Code of Civil Procedure:
The Supreme Court analyzed the legality of the High Court's revision petition decision. It cited the proviso added in 1999 to Section 115, stating that revision petitions against interlocutory orders are not maintainable. The Court emphasized that revisional jurisdiction should correct jurisdictional errors only, as established in previous judgments.

Application of Guidelines for Granting Interlocutory Mandatory Injunctions:
The judgment discussed the guidelines for granting interlocutory mandatory injunctions to maintain the status quo. It cited a relevant judgment emphasizing the need for a strong case, prevention of irreparable harm, and balance of convenience. The Court noted that these guidelines were not considered in the impugned judgment and set it aside, restoring the decisions of the lower Courts.

In conclusion, the Supreme Court allowed the appeal, setting aside the impugned judgment and restoring the decisions of the lower Courts. The Court directed the trial Court to expedite the proceedings due to the summary nature of the Section 6 suit, aiming for disposal within six months.