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 status as a permanent resident of Jordan and their lack of continuous or permanent residence in the suit premises. The plaintiff had no intention of residing in the premises, and restoring their alleged occupation would only result in them locking the premises and returning to Jordan.
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 lacking intention to reside.
- Plaintiff is a permanent resident of Jordan
- No intention to reside in the suit premises
- Relief under Section 6 of the Specific Relief Act denied