The plaintiff sought a mandatory injunction for possession of ...

Property Suit Dismissed: No Ownership Claim Under Benami Act; Plaintiff Must Vacate & Pay for Illegal Occupation.

November 7, 2024

Case Laws     Benami Property     HC

The plaintiff sought a mandatory injunction for possession of the suit property and a permanent injunction restraining the defendants from dispossessing or interfering with the plaintiff's possession. The court held that the late Sardar Nirmal Singh occupied the property as a licensee, and allowing his family to claim ownership would be an abuse of the Benami Act. The court found no fiduciary relationship between the late Raghbir Singh and Sardar Nirmal Singh regarding the property. The suit lacked cause of action, and the ownership claim was barred u/s 4 of the Benami Act. The amendment application relying on Pankaja judgment was misplaced. The suit was rejected under Order VII Rule 11(a) and 11(d) of CPC. The court issued a mandatory injunction directing the plaintiff to hand over vacant possession to defendant no. 1 within four weeks, considering the plaintiff's illegal and unauthorized possession. Mesne profits were awarded from 01.05.2022 for continued illegal possession. The plaintiff's reliefs were dismissed, and actual costs were imposed for abuse of process u/s 35(2) CPC and Delhi High Court Rules, as per Ramrameshwari Devi judgment.

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