What is this Decree ?
Anjali Arya
(Querist) 07 February 2010
This query is : Resolved
I (Plaintiff) filed a Suit for Mandatory Injunction directing the defendant to vacate the suit property and to handover vacant & peaceful possesion thereofand not to interfere with the possession of the plaintiff.
Even though all the issues were decided in my favour but Suit was dismissed by Trial Court stating that Suit for Possession ought to be filed.
Aggreived by this Judgement, I filed First Appeal. The ADJ allowed the Appeal stating following :
1. It is strange to see that Defendant is a licensee and in the possession of Property.
2. Defendant is a licencee having occupation of the property and does not have the possession. The Lawful owner (Plaintiff) is deemed to be in possession.
3. In Sant Lal Jain vs Avtar Singh, where similar situation arose, Hon'ble Supreme Court decided not to throw away the case of the plaintiff on this groung to avoid multiplicity of Suits.
Now My Question is that
1. What is this Decree ?
2. What should I do to take the Actual Possesstion of the premises ?
Parveen Kr. Aggarwal
(Expert) 07 February 2010
The decree for mandatory injunction to obtain possession from licencee is certainly enforceable decree.
You may file a petition under Order 21, Rule 32 of the Code of Civil Procedure, 1908.
