1982 (4) TMI 293 - HC - Indian Laws

Summary

Issues:
1. Specific performance of lease agreement
2. Allegations of trespass and wrongful possession
3. Interlocutory reliefs sought by the defendant

Specific Performance of Lease Agreement:
The plaintiff filed a suit against the defendant, seeking specific performance of an agreement for a lease of a portion of premises in Calcutta. The agreement involved a building lease for 50 years with an option for renewal, rent terms, and a premium payment. The plaintiff claimed that the agreement was reached orally and through subsequent actions. The defendant, however, denied the existence of a concluded contract and opposed specific performance.

Allegations of Trespass and Wrongful Possession:
Disputes arose regarding possession of the plot, with the defendant alleging trespass and wrongful possession by the plaintiff. The defendant claimed obstruction and trespass by the plaintiff, leading to police complaints and legal proceedings. The plaintiff, on the other hand, asserted continuous possession since 1978 without objection, denying the defendant's allegations and asserting rightful possession.

Interlocutory Reliefs Sought by the Defendant:
The defendant sought interlocutory reliefs, including a receiver over the plot, injunctions against construction and parking activities by the plaintiff, and authorization for the receiver to collect fees for parking. The court considered the defendant's entitlement to such reliefs, emphasizing the need for equity and preservation of the property's status quo pending the suit's outcome. The court granted an injunction against further construction by the plaintiff until the suit's disposal, allowing the defendant to seek further interim orders if necessary.

This judgment highlights the complexities of lease agreement disputes, allegations of trespass, and the legal principles governing interlocutory reliefs in such cases. The court's decision to grant specific interlocutory reliefs while maintaining the property's status quo reflects the balance of equities and preservation of rights pending final adjudication.