Supreme Court of India · 2001-10-18
Mohan Lal vs Nihal Singh
- Citation / case number
- AIR 2001 SUPREME COURT 2942
- Court
- Supreme Court of India
- Petitioner
- Mohan Lal
- Respondent
- Nihal Singh
- Author
- D.P.Mohapatra
- Bench
- D.P.Mohapatra
Judgment text excerpt
The Supreme Court upheld the lower courts' decisions, confirming that the plaintiff, who held a registered lease for 99 years, was entitled to a permanent injunction against the defendant from dispossessing him from the suit land. The Court found that the defendant's claim of the lease being a mere paper transaction was unsubstantiated, as the plaintiff's possession was established through documentary evidence. The Court reiterated that a suit for injunction is maintainable even if the plaintiff is not in actual physical possession at the time of filing, provided there is evidence of prior possession.