Bombay HC Ruling on Specific Relief Act
The Bombay High Court has ruled that a remedy under Section 6 of the Specific Relief Act cannot be granted to a person with no intention to reside in the suit premises.
Relief under Section 6 of the Act cannot prima facie be granted in favour of Plaintiff who never had the intention of possessing the suit premises.
The court considered the plaintiff's permanent residence in Jordan and lack of intention to reside in the suit premises, concluding that restoring their alleged occupation would be futile.
- The plaintiff is a permanent resident of Jordan.
- They have neither resided continuously nor permanently in the suit premises.
- They have no intention of possessing the suit premises.
The court emphasized the importance of animus possidendi (intention to possess) in establishing settled possession, which the plaintiff lacked.
Author's summary: Court denies relief to plaintiff with no intention to reside in suit premises.
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