AIR 2024 BOMBAY 21
BOMBAY HIGH COURT
(GOA BENCH)
Ramanand Gunaji Amonkar and others v. Raghuvir Shamba Amonkar.
Second Appeal 45 of 2010, D.6-11-2023.
📌Specific Relief Act (47 of 1963), S.38 Suit for permanent injunction Settled possession Concept of – Plaintiff’s case that he was put in possession of suit shop in pursuance of family settlement deed There was neither any documentary proof nor any oral evidence of any person who witnessed family settlement – Finding of Appellate court that plaintiff was in settled possession of suit premise was neither borne from pleadings nor from evidence on record – Plaintiff had never claimed and could not be said to be in settled possession – Appellate Court misconstrued concept of ‘Settled Possession’ and thereby erred in disallowing counter claim of permanent and mandatory injunction granted by Trial Court in favour of defendant.