Landlord-Tenant Dispute: Supreme Court Verdict on Permanent Injunction

The case of Balkrishna Dattatraya Galande vs. Balkrishna Rambharose Gupta involved a dispute over tenancy rights and the grant of permanent injunction. The Supreme Court, in its judgment dated February 6, 2019, examined the claims of possession and the validity of the injunction sought by the respondent-plaintiff.

The first respondent, claiming to be a tenant, filed a suit in 2004 for permanent injunction against the appellant, restraining him from disturbing his possession of the disputed property. The trial court dismissed the suit, holding that the respondent-plaintiff failed to prove his tenancy or possession of the property. However, the First Appellate Court reversed this decision, granting an injunction, which was upheld by the High Court.

Arguments of the Parties

Petitioner’s Arguments

The appellant contended that the respondent-plaintiff had vacated the premises in 1991 pursuant to a settlement in an earlier suit (RCS No.1004/1988). He argued that the respondent-plaintiff had not paid rent since 1991 and had no legitimate right to remain in possession of the property.

Respondent’s Arguments

The respondent-plaintiff claimed to be in possession of the premises since 1977 and running a business there. He argued that he was wrongfully prevented from carrying out necessary repairs and that he had never vacated the premises.

Supreme Court’s Findings

The Supreme Court held that the first respondent failed to prove his actual possession of the property on the date of the suit. It noted that:

• The respondent-plaintiff did not produce any license, electricity connection, or proof of rent payment to substantiate his tenancy.
• The condition of the premises was found to be unfit for conducting business.
• The earlier settlement indicated that the respondent had vacated the premises in 1991.

Based on these findings, the Court ruled that the respondent was not entitled to an injunction. The judgments of the First Appellate Court and the High Court were set aside, and the suit was dismissed.

Petitioner Name: Balkrishna Dattatraya Galande.
Respondent Name: Balkrishna Rambharose Gupta.
Judgment By: Justice R. Banumathi, Justice R. Subhash Reddy.
Place Of Incident: Mumbai.
Judgment Date: 06-02-2019.

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