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.