Supreme Court of India · 2007-02-23
KRISHNAMURTHY S. SETLUR DEAD BY LRS vs O.V.NARASIMHA SETTY
- Citation / case number
- SC 1999/13935
- Court
- Supreme Court of India
- Petitioner
- KRISHNAMURTHY S. SETLUR DEAD BY LRS
- Respondent
- O.V.NARASIMHA SETTY
- Author
- KAPADIA
- Bench
- S. H. KAPADIA DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court addressed a civil appeal concerning the ownership and possession of certain properties, initially decreed in favor of the original plaintiff by the City Civil Judge, Bangalore. The Court held that the High Court's reversal of the lower court's decree was erroneous, emphasizing the importance of actual possession and the tenant's attornment to K.S. Setlur. The Court reaffirmed that a permanent injunction cannot be granted if the plaintiff is not in actual possession, thus restoring the original decree in favor of the plaintiff under Section 96 CPC.