Supreme Court of India · 2005-09-23
JOSEPH SEVERANCE vs BENNY MATHEW .
- Citation / case number
- SC 2000/7041
- Court
- Supreme Court of India
- Petitioner
- JOSEPH SEVERANCE
- Respondent
- BENNY MATHEW .
- Author
- ARIJIT PASAYAT
- Bench
- C.K. THAKKER ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court upheld the Kerala High Court's decision that the suit for mandatory injunction filed by the appellants was not maintainable due to significant delay in filing after the termination of the license. The Court noted that the licensee's death did not automatically convert their possession into that of a trespasser, and the licensor must seek recovery of possession through a suit rather than an injunction. The Court emphasized the necessity of promptitude in such cases, citing the unexplained delay of nearly two years in this instance, thus affirming the High Court's ruling.