Balakrishna Dattatraya Galande vs Balakrishna Rambharose Gupta

 Balakrishna Dattatraya Galande vs Balakrishna Rambharose Gupta - Important Supreme Court Judgment 2019

On 6th February, 2019, in the case of Balakrishna Dattatraya Galande v. Balakrishna Rambharose Gupta [Civil Appeal No.1509 of 2019], the Supreme Court observed that “in a suit filed under Section 38 of the Specific Relief Act, possession on the date of suit is a must for grant of permanent injunction.” It was held that since the first respondent-plaintiff, who had filed suit under Section 38 of the Specific Relief Act, had “failed to prove that he was in actual possession of the property on the date of the suit”, he was “not entitled for the decree for permanent injunction.”