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september 2005

Supreme Court of India · 2005-09-23

Joseph Severance And Ors vs Benny Mathew And Ors

Citation / case number
AIRONLINE 2005 SC 1079
Court
Supreme Court of India
Petitioner
Joseph Severance And Ors
Respondent
Benny Mathew And Ors
Author
Arijit Pasayat
Bench
Arijit Pasayat, C.K. Thakker

Judgment text excerpt

The Supreme Court held that a suit for mandatory injunction against an ex-licensee is not maintainable if filed after an unreasonable delay, as per the principles of equity. The Court cited that the licensee's possession does not automatically convert to that of a trespasser upon the expiry of the license, but the licensor must act promptly to seek recovery. In this case, the suit was filed nearly two years after the licensee's death, which was deemed an unexplained delay, leading to the dismissal of the appeal against the High Court's ruling.

Joseph Severance And Ors vs Benny Mathew And Ors · Niyam