Topic
Punjab & Haryana HC clarifies that once dispossession is alleged, courts cannot reissue injunctions under Order 39 Rule 2A CPC. However, supervised retrieval of verified personal belongings is permissible, ensuring equitable relief without prejudging ownership disputes.
The Bombay High Court ruled that under Section 6 of the Specific Relief Act, plaintiffs must establish settled possession on the exact date of dispossession-not merely historical occupancy-to avail the summary remedy. The judgment underscores that failure to meet this strict evidentiary standard will bar relief, impacting property disputes where possession is contested without clear contemporaneous proof.
The Bombay High Court ruled that plaintiffs seeking relief under Section 6 of the Specific Relief Act must establish actual possession on the exact date of dispossession, not merely past possession. This holding reinforces the strict evidentiary standard for summary remedies in property disputes, impacting litigants relying on possessory claims without contemporaneous proof.