Monday, July 4, 2022

Suit for possession - Defendants took unauthorized possession of suit premises - Plaintiff is entitled for vacant possession of suit premises - Dismissal of suit set aside.

Specific Relief Act, 1963 Section 6 Dismissal of suit for possession on strength of previous possession - Revision petition - Held, plaintiff instituted FIR against defendants qua house trespass, mischief etc. - Articles belonging to plaintiff and removed by defendants from disputed premises were recovered by police at instance of defendants - Document tendered by defendants connecting identity of suit premises and plaintiff's previous possession over it - Defendants took unauthorized possession of suit premises from him - Plaintiff is entitled for vacant possession of suit premises - Hence, dismissal of suit set aside.
HIMACHAL PRADESH HIGH COURT
Rajinder Kumar Sood - Petitioner
Manju Sood and others - Respondents

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