1970 (7) TMI 82 - HC - Indian Laws

Summary

Issues Involved:
1. Declaration of title and possession of the disputed property.
2. Grant of mandatory injunction versus compensation.
3. Acquiescence and delay in seeking relief.
4. Legal principles governing mandatory injunction and compensation in cases of trespass.

Issue-wise Detailed Analysis:

1. Declaration of Title and Possession of the Disputed Property:
The appellant sought a declaration of title and possession of a portion of land allegedly encroached upon by the respondent. The trial court found in favor of the appellant, declaring his title and granting possession. The appellate court concurred with the trial court's findings on title but modified the relief to compensation instead of possession. The High Court reaffirmed the appellant's title and possession, emphasizing that the appellant is entitled to recover possession once title and possession within 12 years are established.

2. Grant of Mandatory Injunction versus Compensation:
The appellant argued for mandatory injunction and possession as a matter of right, while the respondent contended that the appellate court's discretion to grant compensation should not be interfered with. The High Court held that in cases of trespass, the plaintiff is entitled to possession and mandatory injunction, and the court has no discretion to substitute compensation. The court emphasized that allowing compensation instead of possession would amount to legalizing the trespass and rewarding the wrongdoer.

3. Acquiescence and Delay in Seeking Relief:
The respondent argued that the appellant's delay in seeking relief should bar the mandatory injunction. The High Court clarified that mere delay does not amount to acquiescence unless it can be shown that the plaintiff's conduct induced the defendant to believe that the plaintiff consented to the encroachment. In both cases, the court found no such acquiescence or estoppel that would preclude the appellant from asserting his title and seeking possession.

4. Legal Principles Governing Mandatory Injunction and Compensation in Cases of Trespass:
The High Court examined the legal principles and precedents, concluding that in cases of trespass, the plaintiff is entitled to possession and mandatory injunction, and the court has no discretion to award compensation instead. The court distinguished between cases of trespass and cases involving interference with easements, where discretion to award damages might apply. The court held that in suits for possession based on trespass, the plaintiff's right to possession cannot be defeated by considerations of hardship to the defendant or the small value of the disputed property.

Judgments Delivered:
S.A. No. 1113 of 1966:
The High Court set aside the appellate court's decree for compensation and restored the trial court's decree for possession and mandatory injunction, giving the respondent three months to remove the encroachment, failing which the appellant could remove it at the respondent's expense.

S.A. No. 1128 of 1966:
The High Court set aside the appellate and trial court's decrees, granting the appellant possession and mandatory injunction, with similar provisions for the respondent to remove the encroachment within three months or face removal at their expense.