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 permanent residence in Jordan and lack of intention to reside in the suit premises as key factors in its decision. The plaintiff's settled possession of the suit premises was not established due to the absence of animus possidendi, or the intention to possess.
- The plaintiff is a permanent resident of Jordan.
- The plaintiff has not resided continuously or permanently in the suit premises.
- The plaintiff has no intention of residing in the suit premises.
Author's summary: Bombay HC denies remedy under Specific Relief Act to plaintiff with no intention to reside in suit premises.