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 who has no intention of residing 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 intention to reside in the suit premises. The plaintiff had not resided continuously or permanently in the suit premises and had no plans to do so.
The court concluded that restoring the plaintiff's alleged occupation of the suit premises would be futile, as they would simply lock the premises and return to Jordan.
The ruling emphasizes the importance of animus possidendi, or the intention to possess, in establishing settled possession of a property.
Author's summary: Court denies relief to plaintiff lacking intention to reside.
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